Law:

Section:

Civil Servants AM (LXXI of 1973)Ss. 8 & 9Constitution of Pakistan (1973), Art. 212(3)Promotion—­Up-gradation of post of secondary school teachers (trained graduates)­Petitioners being physical training instructors were not included in list of upgraded posts of teachersBy subsequent Notification all existing trained graduate/untrained graduate teachers working in B15 in Federal Government Educational Institutions, were placed in B16Petitioners who were graduates and some of them had even successfully obtained M.A. Degree, were not upgraded from B15 to B16Petitioners' appeals before Service Tribunal did not succeedValidityLeave to appeal was granted to consider whether petitioners could be discriminated against untrained graduate teachers/village workshop instructors who were not equal to them but were lower in category of at par with themNo reason was pointed out to justify refusal to grant up-gradation to petitionersOther teachers including village workshop instructors having been upgraded there was no reason why petitioners, who were physical training instructors, should be deprived of such benefit. Fazal Ellahi Siddiqi, Advocate Supreme Court and Ejaz Muhammad Khan, AdvocateonRecord for Petitioners. Nemo for Respondents. Date of hearing: 10th March, 1996. ORDER SALEEM AKHTAR, J.This order will dispose of all the petitions as common questions of law and facts are involved therein. 2. The petitioners in all the petitions were appointed as Physical Training Instructors (PTI) in BPS15 and were posted in different schools. By Notification No. F.1(2)/R.I./91762, dated 1871991, the Finance Division` conveyed the sanction of the upgradation inter alia of the post of BPS16 with effect from 161991. The petitioners being Physical Training Instructors (PTI) were not included in the list of the upgraded posts of teachers. Thereafter in August 1991 by virtue of Notification No.F90/91(SA) FME all the existing Trained Graduate/Untrained Graduate Te4chers, i.e. B.A./B.Sc. B.Ed. working in B15 in Federal Government Educational Institutions, Islamabad/Federal Area were placed in B16 with effect from up gradation of posts i.e. 161991. By office, order dated 1241991 revised…

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