Case Details

Citation(s)
1996 SLG 619 1996 SLD 619 1996 PLC 647
Federal Service Tribunal, Islamabad
Appeals Nos 282(R) of 1991, 41(R) and 46(R) of 1992 decided on 5-01-1993
ABDUL RAZZAQ A. THAHIM, CHAIRMAN, AND RANA RIFAT SAEED, MEMBER

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MUHAMMAD SHAHID KHAN and 2 others

VS

SECRETARY, MINISTRY OF EDUCATION, ISLAMABAD and others MUHAMMAD SHAHID KHAN and 2 others Vs SECRETARY, MINISTRY OF EDUCATION, ISLAMABAD and others

Law:

Section:

Civil service--- ---- Regularisation of service---Regular pay scale---Entitlement---Civil servants were appointed as untrained Graduate Teachers (Tech.) on fixed salary of (B-15) and they were not allowed regular pay scale because they did not acquire requisite one-year training which was necessary to get that benefit--Civil servants remained silent for three years and were drawing fixed pay and did not make any representation---Representative of Authority having agreed to depute civil servants for requisite training for one year, Service Tribunal directed that civil servants be deputed for one year training and after successful training, they would be allowed regular Scale No. 15. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN). ---Briefly, the facts of all the three appeals are that M/s. Muhammad Shahid Khan, Zia-ur-Rehman and Muhammad Farooq, in pursuance of an advertisement dated 3-6-1987, applied for the post of Trained Graduate Teachers (Technical). They were appointed in 1988 as TG Teachers (Tech.) on fixed pay of Pay Scale No. 15 and they continued to draw this pay up to 1991 when they made representations to the department that some of their colleagues having same qualifications were appointed on regular basis and that they may also be given regular Scale of Pay No.15. Their representations were rejected on the grounds that untrained Graduate Teachers (Tech.) appointed on fixed pay are not entitled to a regular pay scale without obtaining the requisite Training Certificate. 2. We have heard Raja Muhammad Asghar Khan, the learned counsel for the appellants. It is argued that the respondents who were appointed earlier with the same qualifications were given BPS-15 and their services were regularised. Therefore, the appellants having same qualifications are also entitled to get the same benefits as given to others. 3. Mr. Hafiz S.A. Rehman learned Standing Counsel for the respondent department has resisted this contention and stated that the respondents who were appointed in 1975 prior to the appointments of the appellants on the terms and conditions relevant at that time were given B-15 but they are not the employees of this Directorate. However, on…
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