Law: North West Frontier Province Service Tribunals Act, (I of 1974)

Section: 4

North-West Frontier Province Service Tribunals Act (I of 1974)--- ----S. 4---Notification of Government of N.-W.F.P. (Finance Department), dated 22-8-1983---Appeal---Advance increment, grant of---Education Department---Lecturer in Law (BPS-17)---Obtaining of LL.M. degree by appellant during service---Refusal of Service Tribunal to grant advance increment to appellant for he was not LL.M. at the time of his induction in service---Validity---Benefit of such incentive would go to employee, who had obtained degree during service, which he was not possessing at the time of his induction in service---Degree of LL.M. was equal to M.Phil.---Appellant, while being in service had improved his education, thus, was fully entitled to incentive of advance increment--Supreme Court accepted appeal, set aside impugned and directed department to grant advance increment to appellant in view of Notification of Government of N.-W.F.P. (Finance Department), dated 22-8-1993. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- This appeal is by leave of the Court against the judgment of N.-W.F.P. Service Tribunal, dated 7th December, 2005. 2. The appellant on having passed LL.B. examination was appointed as lecturer in law on 12th November, 1987 vide Notification No.SO(Colleges)1-1/87/1-287 (Ad hoc). Subsequently his services were regularized by the Government of N.-W.F.P. with effect from 23rd January, 1988 as officiating lecturer in law (BPS-17). Thereafter, he obtained LL.M. (Shariah and Law) degree and result average was announced on 29-12-1988 i.e. after his regularization as officiating lecturer by the Government of N.-W.F.P. On acquiring such degree he submitted an application for advance increment in view of the policy law of Government of N.-W.F.P., Finance Department dated August 22, 1983. In the meantime, he had also obtained equivalence certificate, according to which LL.M. is equal to M.Phil. Request made by the appellant was declined, therefore, he approached Service Tribunal but without any success as evident from the impugned judgment. 3. Appellant appeared in person and stated that notification/policy issued by the Government as back as in the year 1983 effective from 1st July,…

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