Sh. AMAR MAFTOON vs GOVERNMENT OF THE PUNJAB And Another
This matter involves cross-petitions for leave to appeal arising from a service dispute concerning the regularization of promotion and salary entitlements of a government teacher. The petitioner, a teacher in N.P.S. 16, was adjusted to a post in N.P.S. 17 on his own pay and grade, with his promotion subsequently regularized effective from 20-9-1983. The petitioner sought retrospective regularization from his date of joining, 13-5-1981, along with corresponding salary and allowances. The Punjab Service Tribunal granted him the minimum of N.P.S. 17 and annual increments from 13-5-1981 but denied the request for earlier regularization of the promotion itself. Both the employee and the provincial government filed petitions for leave to appeal against the Tribunal's decision. The Supreme Court of Pakistan, identifying that the petitions raised substantial questions of law of public importance regarding the interpretation of service rules and financial entitlements upon promotion, granted leave to appeal in both petitions to examine the validity of the Tribunal's order concerning the effective date of promotion and the entitlement to increments.
- Can a government servant claim retrospective regularization of promotion to the date of initial adjustment on own pay and grade?
- Is an employee adjusted to a higher post on own pay and grade entitled to annual increments in that higher scale prior to formal regularization?
- Does the grant of leave to appeal by the Supreme Court extend to both the employee's claim for earlier regularization and the government's challenge to the award of increments?
ORDER
M.S.H. QURAISHI, J.--Sh. Amar Maftoon, a teacher in N.P.S. 16 in the Education Department of the Province of the Punjab, was posted/adjusted on his "own pay and grade", as Subject Specialist, Government College for Elementary Teachers Training, Sargodha, a post in N.P.S. 17, which he jointed on 13-5-1981. His promotion was later regularised with effect from 20-9-1983. He claimed that the regularization of his promotion should be effective from 13-5-1981 and that he should be paid the salary and allowances in N.P.S. 17 accordingly. The Punjab Service Tribunal, before whom he came in appeal, held him entitled not only to the minimum of N.P.S. 17 but also to the annual increments in that scale with effect from 13-5-1981. As the relief of regularisation of promotion with effect from 13-5-1981 was not granted by the Tribunal, he has filed Civil Petition No. 86 of 1984 for leave to appeal.
2. The Province, to, feeling aggrieved by the order allowing annual increments in N. P. S. 17 has sought leave to appeal by the other petition.
3. The petitions raise questions of law of public importance. Leave to appeal is, therefore, granted in both of them.