| Citation(s) |
|---|
| 1998 SLG 925 1998 SLD 925 1998 SCMR 2466 |
Supreme Court of Pakistan
Civil Appeals Nos. 1270, 1271 and 1272 of 1995, decision dated: 10-06-1998. (On appeal from the judgment dated 6-7-1995 of the N.W.F.P. Service Tribunal, Peshawar, in Appeals Nos. 457, 459 and 456 of 1995)
AJMAL MIAN, C.J., MUHAMMAD BASHIR, JEHANGIRI AND CH. MUHAMMAD ARIF, JJ
M. Munir Peracha, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Appellants. Shahzad Akbar, Deputy Attorney-General and Haji M.A. Qayyum Mazhar, Advocate-on-Record (absent) for
Respondents
Civil Appeals Nos. 1270, 1271 and 1272 of 1995, decision dated: 10-06-1998. (On appeal from the judgment dated 6-7-1995 of the N.W.F.P. Service Tribunal, Peshawar, in Appeals Nos. 457, 459 and 456 of 1995)
AJMAL MIAN, C.J., MUHAMMAD BASHIR, JEHANGIRI AND CH. MUHAMMAD ARIF, JJ
M. Munir Peracha, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Appellants. Shahzad Akbar, Deputy Attorney-General and Haji M.A. Qayyum Mazhar, Advocate-on-Record (absent) for
Respondents
ANWAR BEG and 2 others
VS
THE GOVERNMENT OF N.-W.F.P. and others
Law:
Section:
(a) North-West Frontier Province Civil Servants (Regularisation of Service) Act (I of 1988)--S. 3---Constitution of Pakistan (1973), Art. 212(3)---Regularisation of service declined without dilating upon reasons for such refusal ---Validity--Service Tribunal did not dilate upon regularisation of civil servants' service in terms of S.3, North-West -Frontier Province Civil Servants (Regularisation of Service) Act, 1988---Leave to appeal was granted to consider question of regularisation of service of civil servants. (b) North-West Frontier Province Civil Servants (Regularisation of Service) Act (I of 1988)-- ----S. 3---Non-regularisation of service---Validity---Service Tribunal having not adverted to question of regularisation of service in its order, case was remanded by Supreme Court to Service Tribunal to decide whether civil servants were entitled to be regularised in terms of S. 3, North-West Frontier Province Civil Servants (Regularisation of Service) Act (I of 1988). JUDGMENT AJMAL MIAN, C.J.---By this common judgment we intend to dispose of the above three appeals as they involve common question of law. The brief facts are that the appellants were appointed as S.E.T. (Science) in B-15 on fixed pay on different dates in the year 1987. After joining service they 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 B-16 in 1991 and pay scale of the appellants was revised. The appellant submitted a departmental appeal praying for grant of graded pay from the dates they acquired requisite qualification as well as for regularisation of their appointments as S.E.T. (Science). After waiting for 90 days, they filed appeals before the N.-W.F.P. Service Tribunal, Peshawar. The same were allowed in the following terms:-- "In this case the learned counsel for the appellant has relied on the authorities of the superior Court and also on the judgments of this Tribunal where presumptive pay in the time scale has been allowed to those incumbents who are otherwise qualified to be appointed to the post, therefore, by partially accepting the…
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