Case Details

Citation(s)
2005 SLG 880 2005 SLD 880 2005 PLC 361
Service Tribunal, Punjab
Appeals Nos. 182, 183 and 185 of 2004, decision dated: 19-05-2004.
MUHAMMAD AFZAL, MEMBER-I

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HAQ NAWAZ and 2 others

VS

SECRETARY TO GOVERNMENT OF THE PUNJAB, FINANCE DEPARTMENT, LAHORE and 2 others

Law:

Section:

Civil service------- Advance increments ---Entitlement---ESTs/Middle School Teachers claimed advance increments on the basis of qualification of B.Ed; their claim was denied by Authorities on the ground that said, teachers stood sufficiently compensated as they had been placed in BPS-14 through notification on basis of B.A./B.Sc. and they had ceased to be entitled to any further increment on basis of higher qualification---Validity---Basic circular letter dated 31-1-1988 granting advance increments to ESTs being in the field and in operation and having not been withdrawn, ESTs would remain entitled to advance increments on the basis of B.Ed. and M.A./M.Sc.---No, notification withdrawing earlier notification granting advance increments having been issued so far, advance increments sanctioned through Circular letter dated 31-1-1988 do basis of B.Ed. and M.A./M.Sc. remained admissible to ESTs. Sh. Amir Maftoon for Appellants. Rana Muhammad Yasin District Attorney Abdur Rashid, Section Officer, for Respondent No.3. Ahsan Ahmad Bhatti, Law Officer, for Respondents No. 1 and 2. Date of hearing: 19th May, 2004. JUDGMENT This single judgment shall also dispose of Appeals Nos. 183 and 185 of 2004 simultaneously, since identical facts and common questions of law are involved in all these appeals. 2. Appellants are ESTs/Middle School Teachers. They claimed advance increments on the basis of qualification of B.Ed. They were informed by the concerned authority that as their posts had been upgraded to BS-14 through order dated 26-6-1990, they were no more entitled to advance increments on the basis of B.Ed. The impugned orders in the case of appellant Haq Nawaz (Appeal No. 1'82 of 2004) and appellant Zafar Iqbal (Appeal No. 185 of 2004) where passed on 11-10-2003 and impugned order 'in the case of appellant Muhammad Ashraf Gondal (Appeal No.183 of 2004) was passed on 20-9-2003. After having exhausted departmental remedy, appellants have come to this Tribunal in accordance with law. 3. Learned counsel for the appellants states at the very out set that the issue of advance increments on the basis of B.Ed. to Middle School Teachers/ESTs in spite of upgradation of their posts…
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