Law:

Section:

Civil service------- Higher grade---Claim for---Civil servant who was appointed as untrained English Teacher in 1954 had subsequently got B.Ed. degree in 1971---Civil servant had claimed that in accordance with policy of Government he should have been allowed B.Ed. grade scale 14 immediately when he qualified B.Ed., but scale (S.S.T. Grade) was allowed to him on 3-2-1982 and subsequent S.S.T. Selection Grade on 1-9-1989---Civil servant at no stage in his service career was relegated to an inferior position from his seniority or was superseded on grounds of any adverse service record---Authority did not oppose appeal of civil servant on merits, but had emphasised point of limitation---Technicalities including limitation, even if established, could not override equity and justice----No rule existed that right should not be allowed to a civil servant if he agitated the matter repeatedly---Civil servant who had served Department for 37 years and Authority having never questioned his service record should have been allowed S.S.T. Grade in accordance with policy in force at relevant time on basis of his B.Ed./S.S.T. qualification immediately after he had acquired that qualification in 1971---Civil servant was entitled to benefit claimed by him in circumstances. Allah Bakhsh Gondal for Appellant. Rana Safdar Ali Asif, District Attorney for Respondents. Date of hearing: 9th April, 2002. JUDGMENT The appellant was appointed as untrained English Teacher in 1954 and thereafter awarded the status of Junior English Teacher in 1962. He did B.A. in 1968 and then qualified B.Ed. in 1971. He was allowed the status of C.T. Teacher in 1962. The appellant claimed that in accordance with the policy of the Government he should have been allowed B.Ed. grade (scale-14) immediately after he had acquired the same qualification in 1971 whereas this scale (S.S.T. grade) was allowed to him on 3-2-1982 and subsequent S.S.T. Selection Grade on 1-9-1989 whereas at no stage in his service career he was relegated in his seniority or superseded on grounds of any adverse service record. Learned counsel for the appellant argues that the appellant who was posted as C.T. Teacher in remote corner of…

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