| Citation(s) |
|---|
| 1997 SLG 645 1997 SLD 645 1997 PLC 172 |
Supreme Court of Pakistan
450 to 452 of 1995, decision dated: 27-11-1995. (On appeal from the judgment of the N.W.F.P., Service Tribunal, Peshawar, dated 6-7-1995 passed in Appeals Nos. 457, 459 and 456 respectively. (Appeal No. 28/95).
SAIDUZZAMAN SIDDIQUI AND SH. RIAZ AHMAD, JJ
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450 to 452 of 1995, decision dated: 27-11-1995. (On appeal from the judgment of the N.W.F.P., Service Tribunal, Peshawar, dated 6-7-1995 passed in Appeals Nos. 457, 459 and 456 respectively. (Appeal No. 28/95).
SAIDUZZAMAN SIDDIQUI AND SH. RIAZ AHMAD, JJ
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ANWAR BEG, S.E.T. and 2 others
VS
GOVERNMENT OF N.W.F.P. through Secretary Education, N.W.F.P.U and 2 others
Law:
Section:
Constitution of Pakistan (1973)Art. 212(3)Appointment as Senior English Teachers in BPS15Civil servants, thereafter improved their educational qualifications and also earned experience of teaching for more than 5 years as Senior English Teachers (Science)Post of civil servants was subsequently upgraded to BPS16 in 1991 and pay scale of civil servants was also revisedCivil servants' claim for grant of graded pay from dates they acquired requisite qualification as well as for regularisation of their appointments as Senior English TeachersService Tribunal allowed civil servants' appeals partly and directed concerned department to award graded pay from dates petitioners acquired requisite qualification with arrears, if anyService Tribunal, however, neither adverted to nor decided other prayer in appeals with regard to regularisation of appointments of civil servants as Senior English TeachersEffectCivil servants while seeking leave to appeal contended that failure of Service Tribunal to decide said prayer amounted to refusal to exercise jurisdiction vested in such Tribunal for petitioners had no other remedy available to them under law against action of departmental authority and that civil servants were entitled to be regularised in their postsSuch contention raised by petitioners required examinationLeave to appeal was granted to consider the contention raised. Muhammad Munir Peracha, Advocate Supreme Court and Mehar Khan Malik, AdvocateonRecord for Petitioners. Nemo for Respondents. Date of hearing: 27th November, 1995. ORDER SAIDUZZAMAN SIDDIQUI, J.This order will govern disposal of abovementioned three petitions in which identical question of law and facts are involved. The petitioners in the abovementioned petitions were appointed as S.E.T. (Science) in BPS15 on fixed pay on different dates in the year 1987. The petitioners thereafter improved their educational qualification and also earned experience of teaching for more' than five years as S.E.T. (Science). Subsequently the post of S.E.T. (Science) was upgraded to BPSr6 in 1991 and…
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