| Citation(s) |
|---|
| 1997 SLG 901 1997 SLD 901 1997 SCMR 1755 |
Supreme Court of Pakistan
Civil Appeal No. 1433 of 1995, decision dated: 11th June. 1997
SAIDUZZARNAN SIDDIQUI, MUKHTAR AHMAD, JUNEJO AND RAJA AFRASIAB KHAN, JJ
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Civil Appeal No. 1433 of 1995, decision dated: 11th June. 1997
SAIDUZZARNAN SIDDIQUI, MUKHTAR AHMAD, JUNEJO AND RAJA AFRASIAB KHAN, JJ
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MUHAMMAD ASGHAR
VS
FEDERAL SERVICE TRIBUNAL and others
Law:
Section:
(a) Pakistan Railways Personnel Manual--Vol. I, p. 65---O.M. No.F.27/61/69-F-II, dated 23-9-1969---Constitution of Pakistan (1973), Art. 212(3)---Withdrawal of advance increments granted to civil servant, a stenographer in the Railways on the basis of improvement of his qualification---Leave to appeal was granted to consider the contentions that the rules invoked by the Service Tribunal were not applicable to the petitioner in that the Pakistan Railways having been declared to be a Federal Ministry, the qualification prescribed for the post of Stenographer by the Federal Government in the year 1969 vide O.M. No. F.27/61/69-F.II, dated 23-9-1969, being Intermediate, the qualification prescribed in the Pakistan Railways Personnel Manual as B.A./B.Sc. stood superseded and that the petitioner had been promoted from the post of stenotypist to that of the Stenographer in contradistinction to the direct recruitment, therefore, the basic qualification as B.A./B.Sc. for him was irrelevant. (b) Constitution of Pakistan (1973)--- ----Art. 212---O.M. No. F.27/61/69-F-II, dated 23-9-1969---O.M. No. F.1(12)/ Imp-11/91, dated 29-6-1991---Civil service---Grant of advance increments to officials for attaining higher educational qualifications---Civil servant who was promoted as stenographer on 31-3-1968 after having served for more than '14 years as stenotypist was under the prevailing rules required to possess only a Matriculation Certificate as his educational qualification---Said civil servant having improved his qualification first to F.A. and then to B.A. during his service as Stenographer, was therefore, entitled to four advance increments in terms of Finance Division O. M. No. F.1(12) Imp-II/91, dated 29-6-1991. The minimum educational qualification for direct recruitment to the post of Stenographer in the Federal Secretariat was enhanced to Intermediate from the date of issue of O.M.F. 27/61-F namely 23-9-1969. However, in case of promotion of stenotypists working in permanent capacity or those who were eligible for confirmation the requirement of possessing the minimum educational qualification of Intermediate for promotion as Stenographer, was dispensed with, and theyβ¦
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