Law:

Section:

(a) Punjab Education Department (Schools Education) Recruitment Rules, 1987-------Sched., item No.5---Constitution of Pakistan (1973), Art. 212 (3)---Leave to appeal was granted by Supreme Court to consider the contention of civil servant that requirement of possessing degree at least of second Division in M.A. was meant for those candidates who had applied for initial recruitment against 33% quota, whereas candidates whose cases were covered under 67% of promotion quota, amongst SSTs for the posts of Headmaster/Headmistress were not required to at least possess second Division in M.A. (b) Punjab Education Department (Schools Education) Recruitment Rules, 1987--- ----Sched., item No.5---Service Tribunals Act (LXX of 1974), S.4-Promotion-Eligibility-,--Civil servant possessed third division masters degree and was appointed before enforcement of Punjab Education Department (Schools Education) Recruitment Rules, 1987---Grievance of civil servant was that he was wrongly denied promotion to the post of Headmaster / Deputy District Education Officer in BPS-18---Appeal filed by civil servant was dismissed by Service Tribunal---Validity---By virtue of Note-1 in Item No.5 of Schedule to Punjab Education Department (Schools Education) Recruitment Rules, 1987, an exception was created in Rules to protect the right of promotion of SS Teachers in service of Education Department, Government of Punjab, immediately before enforcement of Rules---Such SS Teachers were of two categories, graduate and post-graduate---Right of promotion of the first category of SS Teachers was protected against the posts of Headmaster/Deputy District Education Officer in BPS-17 of promotion quota and SS Teachers of second category possessing master degree in any division, were made eligible for promotion to BPS-18 post and could also be posted as Subject Specialist---No ambiguity was found in the Punjab Education Department (Schools Education) Recruitment Rules, 1987, to suggest that the exception created in Rules, would be confined only to the extent of post of Headmaster/Deputy District Education Officer other than BPS-18 posts of promotion quota---No distinction existed in the Rules so far as…

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