NIAZ AHMAD, MANAGER, WOOD WORKING A.A. FACTORY P.O.F. BOARD, WAH CANTT. Versus SECRETARY, MINISTRY OF FINANCE, REGULATION WING, ISLAMABAD
This appeal, arising from a decision of the Service Tribunal dated 23rd October 1983, examined whether the appellant, employed as a Manager in the Pakistan Ordnance Factories Board and holding an AMIE qualification recognized as equivalent to a B.Sc. Engineering degree, was entitled to five premature increments under a Finance Division Office Memorandum granting such benefits to NPS-17 posts of engineers where the prescribed minimum qualification is graduation in engineering. The Supreme Court held that the appellant was not entitled to the benefit because the recruitment rules and conditions applicable to holders of the AMIE qualification required undergoing a two-year training as a trainee before induction, distinguishing them from direct recruits possessing a basic minimum B.Sc. Engineering degree. The court laid down the principle that eligibility for beneficial dispensations regarding pay scales depends strictly on the recruitment rules and the specific category and minimum qualifications prescribed for the post held by the civil servant.
- Whether an employee holding an AMIE qualification equivalent to a B.Sc. Engineering degree is entitled to premature increments under the Office Memorandum for NPS-17 engineering posts?
- Does the requirement of completing a training period as a trainee before final appointment affect eligibility for premature increments under the Office Memorandum?
- What determines the minimum qualification for a post for the purpose of claiming beneficial pay scale dispensations under service law?
- Article 212(3), Constitution of Pakistan 1973
1. SHAFIUR RAHMAN, J. --Leave to appeal was granted under Article 212(3) to examine the correctness of the decision of the Service Tribunal, dated 23rd of October, 1983.
2. The appellant is in the service of Pakistan and posted as Manager in the Pakistan Ordnance Factories Board, Wah Cantt. He was recruited as Assistant Works Manager (Trainee) on 30-7-1973. His technical qualifications were that he held the qualification of AMIE which was recognized by all the concerned authorities as equivalent to B.Sc. Engineering. The Finance Division circulated the following Office Memorandum:-
"OFFICE MEMORANDUM
3. Sub: GRANT OF FIVE PREMATURE INCREMENTS IN NPS-17 TO ' CERTAIN CATEGORIES OF EMPLOYEES.
4. The President has been pleased to decide that in the case of the incumbents of the following categories of posts, who since before 1-7-1975 might be drawing pay in the National Pay Scale No.17 (Rs.500-50-1,000/50-1,250) their pay in that scale will w.e.f. 1-7-1975 be enhanced by five premature increments subject to the condition that the pay so enhanced shall in no case exceed the maximum of the above scale:
(i) The NPS-17 posts of Engineers, the prescribed minimum qualification for which is graduation in any branch of engineering.
(ii) The NPS-17 posts for which the basic minimum qualification is a Master's degree in any of the physical/ natural Science.
(iii) The NPS-17 posts of lecturers in Colleges.
2. Those who are appointed to the above posts on or after 1-7-1975 will be allowed initial pay at the stage of Rs.750 in NPS-17 except in those in which initial pay at higher than that stage the admissible under any rules or orders of the competent authority."
5. The appellant claimed the benefit of clause (i) of the Office Memorandum but was denied. He moved the Service Tribunal but did not succeed.
6. Mr. M.S.Siddiqi, Advocate, the learned counsel for the appellant pointed out that the equivalence of AMIE had been established since long by all the authorities concerned, that the appellant satisfied the requirement of the Office Memorandum and in a similar case (CPSLA No.1081/79) this Court had approved of the grant of this benefit to person having the qualification as is possessed by the appellant.
7. The Annexure to the Daily Order Part-I No.95, dated 3-3-1964 mentions at Serial No.3, the qualification requisite for the post for direct recruitment (the category to which the appellant belongs) as under:-
8. "Graduates in Electrical, Mechanical, Civil 'Mining and Metallurgy' B.Sc. with Lim' or Chemical Engineering, or M.Sc. in Chemistry, Chemical Technology or Industrial Chemistry of Associate Member of a recognised Institute of a status comparable to the Institute of Mech/Elect/Production Engineers or the Institute of Chemistry, London through Examination and not by exemption should be recruited through A.W.M. Training Scheme or direct subject to possession of minimum of 4 years, experience in the appropriate branch of Engineering or Technology."
9. The recruitment rules applicable to the appellant reflected in the notice calling for the applications for direct recruitment show as follows:
10. Citizens of Pakistan having Mechanical/ Electrical Engg. Degree, or who have passed Sections A and B of AMIE (Mechanical/ Electrical Engg.) of Institute of Engineers through examination, for the following posts:
(a) Assistant Works Manager (Trainee)
(b) Assistant Works Manager (Gazetted Class-I)
11. Pay Scale.
(a) Assistant Works Manager (Trainee) will undergo 2 years training at POF Wah Cantt. and paid as under 1st Year .Rs.450 2nd Year .. Rs.500
12. On completion of training, they will be appointed Assistant Works Manager in the Scale of Rs.700-50-1,000 plus Rs.50 Technical pay plus Rs.110 if posted to a staff job
(b) Assistant Works Manager (Gazetted Class-I) Rs.700-50-1,000 plus Rs.50 Technical Pay. Expatriation Allowance admissible at the rate of 20% of pay if serving in the zone other than the Zone of domicile.
13. AGE. Not below 18 and above 27 years on 1-12-1971 for (a) above and 35 years for (b) above. No upper age limit for Government servants who must apply through Proper Channel,
14. It is clear that direct recruitment to the post of Assistant Works Manager prescribed the minimum qualification of B.Sc. Engineering. To that extent the requirement of the Office Memorandum was satisfied. However, in the case of AMIE the induction could not take place unless the recruit had undergone two years training as Assistant Works Manager (Trainee) unless of course he had four' years experience as such (a condition not attached in the case of applicant). This clog on the eligibility condition and qualification of appellant distinguishes his case from every other. It has to be noted that there were three categories of Civil Servants holding the post of Assistant Works Manager;
(i) the promotee for whom no graduate qualification was prescribed as the minimum;
(ii) direct recruit for whom graduate qualification was the minimum (in this category the appellant did not fall);
(iii) the AMIE who had successfully undergone/ completed the training before appointment as Assistant Works Manager.
15. The object of this beneficial dispensation was to give as from a future date prospectively a better start to an Engineering Graduate and while doing so not to deny it to those who had been so recruited in the recent past. It was thus extension in retrospect which brought in claimants like the appellant. But in this case looking to condition of recruitment it cannot be said that in spite of a clog, a disability so visibly there he was entitled to it. It is the recruitment rules and the category in which the civil servants falls which determine what is the minimum qualification for the post which he holds. The Tribunal has correctly decided the question and there is no merit in the appeal which is dismissed with no order as to costs.
16. M.I./N-52/S Appeal dismissed.