Case Details

Citation(s)
1997 SLG 912 1997 SLD 912 1997 SCMR 1816
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.400-P of 1996, decision dated: 27-05-1997
FAZAL ILAHI KHAN AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ

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SECRETARY TO GOVERNMENT OF N.W.F.P. EDUCATION DEPARTMENT, PESHAWAR and 2 others

VS

SAMUEL POUL, S.E.T. (TECHNICAL)

Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Civil servant was appointed as S.E.T. Technical on fixed pay with effect from 29-4-1978---Civil servant passed his S.S.C. in 1971, two years' certificate in wood technology from Pak-German Wood Working Centre Teachers Training Course in the field of Industrial Arts in 1978 then he went for In-Service Teacher Training Course in Industrial Arts in 1989 from Federal College of Education, Islamabad and In-Service Teachers Civil Defence Course in 1995---Contention of civil servant was that he was working as S.E.T. (Technical) since 1978 and had thus completed 17 years of service with good record and that he had not been awarded/graded/running pay scale of S.E.T.--­Such assertions of civil servant could not be controverted by the Authorities--­Service Tribunal, while accepting the appeal of the civil servant allowed running basic pay scales of his grade from the date of qualifying In-Service Teachers Training Course in Industrial Arts in 1989---Validity---Finding of Service Tribunal did not suffer from any infirmity of the kind warranting interference of Supreme Court under Art.212(3) of the Constitution of Pakistan---Civil servant, therefore, was entitled to a graded/running pay of Grade-16 as S.E.T. (Technical) from the date of qualifying In-Service Teacher Training Course in Industrial Arty from Federal College of Education, Islamabad in 1989 in circumstances. Federation of Pakistan v. Shahzada Shahpur Jan and 2 others 1986 SCMR 991 and Muhammad Riasat v. The Secretary of Education, N.-W.F.P., Peshawar and 2 others C.Ps 149-P to 161-P and 170-P to 172-P of 1996 ref. M. Azam Khan, Additional Advocate-General, N.-W.F.P. and Haji M.A. Qayyum Mazhar, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 27th May, 1997. JUDGMENT MUHAMMAD BASHIR KHAN JEHANGIRI, J. ---Petitioners seek leave to appeal against the judgment of the learned Service Tribunal dates 23-9-1996 whereby on acceptance of the appeal filed by the respondent allowed him the running basic pay scale of his salary from the date of passing, inter alia, In-Service Teacher Training Course in Industrial Arts Examination. 2. The brief facts of…
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