Law:

Section:

Civil service-------Advance increment---Subject Specialist Teachers in Punjab---Advance increment on acquiring/possessing higher qualifications---Eligibility as per prevalent policy---SSTs were placed in BS-16 with 1/3rd in selection grade BS-17 vide notification dated 26-6-1990---Plea for grant of advance increments in terms of Finance Department Notification dated 25-8-1983 was rightly refused---Teacher having benefited under notification of 1990 would not be entitled to the grant of advance increment on the principle that it would amount to double benefit which is not admissible under any canon of interpretation. Government of the Punjab through the Secretary Education and others v. Faqir Hussain and 5 others 2004 PLC (C.S.) 491 rel. Tahir Mehmood for Petitioners. Zafarullah Khan Khakwani, A.A.-G. with Basharat Ali Senior Auditor, D.A.O., D.G. Khan, and Imtiaz Haider, J/C, EDO Office, D.G. Khan for Respondents. Date of hearing: 20th September, 2006. JUDGMENT MAULVI ANWARUL HAQ, J.---This Writ petition was earlier disposed by me on 22-11-2005. The Honourable Supreme Court of Pakistan vide judgment dated 17-3-2006 in C. A. No.285 of 2006 remanded back the case for a fresh decision. After the remand of the case notice was issued to the respondents who have filed a written statement. 2. The petitioners are SSTs and were promoted and appointed as such between the year 1989 to 2000 as detailed in paras. 2 to 6 of the writ petition. 3. The grievance being made out is that they having acquired higher qualifications as detailed in para.7 of the writ petition are entitled to grant of advance increments in terms of Finance Department notification dated 25-7-1983. Respondent No.3, however, refused to add the said advance increments in their service books. A mandamus is accordingly being sought directing the respondents to grant the said advance increments. The plea taken by the respondents is that vide notification dated 26-6-1990 (Annexure 'D' to the written statement) all present and future SSTs were placed in BS-16 with 1/3rd in selection grade BS-17. Reliance is placed upon para.2 of the said notification declaring that advance increments in terms of the Finance…

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