SHAHID HUSSAIN ABBASI, ASSISTANT PROFESSOR OF LAW Versus SECRETARY TO THE GOVERNMENT OF N.-W.F.P. EDUCATLON DEPARTMENT

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, 1987 is abundantly clear on the subject as according to its paragraph No.10(iii) he is entitled for advance increment.

4. On the other hand learned counsel appearing for the State stated that being an officer of the Court in his opinion appellant has got the B case of advance increments but the Secretary Finance who appeared along with him restricted the claim of appellant.

5. We have heard both the sides and have gone through the policy of Government of N.-W.F.P. dated 24th August, 1983.. Relevant para therefrom is reproduced hereinbelow:--

Advance increments to technical and professional on possessing/acquiring higher qualifications.

Doctors, Engineers, Educationists, Economists, Management, Accountants, Scientists, Geologists, Meteorologists, Archaeologists, Experts in Agriculture, Animal Husbandry and Forestry working in Universities, Colleges, Research Institutions or Technical Department shall be allowed advance increments on possessing/acquiring higher qualifications as under:--

(iii) Those of the above categories of employees who while in service obtain a degree shall be allowed four advance increments in case of (ii) above.

6. It is admitted 'fact that after joining education department as officiating lecturer appellant obtained LL.M. which is equal to M.Phil, therefore, we are of the opinion that he had improved his education, as such was fully entitled for incentive of advance increment. The assertion of the Tribunal that when he was inducted in service, he was not LL.M. seems to be against the above policy, in view of the para. which is reproduced hereinabove. The benefit of such incentive goes to the employee who has obtained degree during the service but he was not possessing at the time of his induction in the service. It is an admitted fact that degree was obtained by the appellant on 29th December, 1988 when he was already into the service.

Thus, for the foregoing reasons, appeal is allowed, impugned judgment is set side and the department is directed to grant advance increments to the appellant in view of the above notification/policy. No order as to costs.

S.A.K./S-10/SC Appeal accepted.