Law:

Section:

Privately Managed Schools and Colleges (Taking Over) Regulation, 1972 (M.L.R. 118)--Para. 4---Constitution of Pakistan (1973), Art. 212(3)---Service conditions of employees of Privately Managed Schools which were taken over by Government ---Demand of benefits of equal chances of promotion/selection grades which were available to their counterparts with the same length of service---Demands of employees though accepted by Government but in implementing the same grievance of employees were not removed---Service Tribunal while accepting employees' appeals ordered that they would have right to count previous service for purposes of seniority among themselves to compute their length of service to claim monetary benefits which were permitted to officer of general cadre after completion of certain length of service ---Validity--­Government's main grievance against decision of Service Tribunal was that employees were entitled to count their service for purpose of drawing benefits available to officers of general cadre only with effect from 1-7-1975 when management of schools were taken over by Provincial Government and not from any earlier date---Such contention was repelled by Supreme Court---Employees possessed same academic qualifications as were prescribed for teachers of general cadre and duties which they performed before nationalization were precisely of same nature and responsibility as of those who belonged to general cadre---No reason was pointed out as to why employees' services prior to 1-7-1975 be ignored while computing their length of service with employees of general cadre for purpose of granting them benefits received by the latter--­Petitions against decision of Service Tribunal were without merit and were dismissed. Faiz Muhammad Bhatti, Advocate Supreme Court and Rao Muhammad Yusuf Khan, Advocate-on-Record for Petitioners (in all C.Ps.). Ch. Ghulam Qadir, Advocate Supreme Court, C.M. Latif, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Respondents (in all C.Ps.). Date of hearing: 25th June, 1995. ORDER SAAD SAOOD JAN, J.---The respondents in these petitions for special leave to appeal joined service as teachers in schools…

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