RASHID AHMAD BHATTI Versus SECRETARY TO GOVERNMENT, PUNJAB, FINANCE DEPARTMENT
M. SALEEM CHAUDHRY (CHAIRMAN).‑-- Mr. R. A. Bhatti has filed this appeal with six others against the orders of Secretary, Education whereby the salaries of the appellants were withheld on the ground that they are not entitled to draw their salaries in the scale of Senior English Teachers.
2. The facts of the case are that after introduction of M.L.R. No. 118, the appellants were absorbed on the roll of the Government employees from 1 st October, 1972. Later on the appellants were declared as surplus and transferred to various institutions. Director, Education, Multan, fixed their seniority w. e. f. 1 st October, 1972 as S.E.Ts. (N.P.S. 14). However, the Accounts Department raised an objection against the pay drawn by the appellant. The pay of the appellant was fixed as J.E.Ts. It was, however, decided that after absorption of surplus staff the remaining vacant posts could be utilized by the appointment of in service teachers who were working in lower grades but possessed the requisite qualifications of B A.B.Ed. These instructions were issued on 24th October, 1975. It is the contention of the Government that the orders of Director of Education, Multan, dated 2nd May, 1974 fixing their seniority as S. E. Ts. w. e. f. 1 st October, 1972 cannot be considered valid as he was not em powered to make appointments and the second order dated 22nd November, 1974 can only be considered valid after 24th October, 1975, the date from which the Director, Education, Multan, was given the green signal for filling the vacancies. These orders cannot take retrospective effect because of incompetency and when on 1st October, 1972, the teachers were not actually performing these duties and were not designated as such.
3. The parties have been heard. The contention of the respondent is correct that only the second order can be considered valid after the Director of Education had been authorised to issue such orders and the A first order which gives retrospective effect is incompetent. The appeal is, therefore. dismissed.
Appeal dismissed.