MUHAMMAD RAFIQUE MALIK vs PUNJAB SERVICE TRIBUNAL, LAHORE and others
This civil appeal by leave of the Supreme Court under Article 212(3) of the Constitution of Pakistan 1973 challenges the order of the Punjab Service Tribunal denying the appellant's request for five advance increments under the Government of Punjab, Finance Department Memo dated 6-12-1975. The core legal question was whether a diploma holder holding a post in scale B-17 is entitled to the advance increments provided under the said memo, akin to similarly placed personnel. The Supreme Court held that the appellant's case is squarely covered by its earlier precedent in Government of Punjab v. Muhammad Amin (1991 SCMR 675), noting that the diploma course held by the appellant is comparable to the qualifications considered in the precedent case. Consequently, the Court allowed the appeal, set aside the Service Tribunal's order, and ruled that the appellant is entitled to the five advance increments. The key principle laid down is that where an administrative memo grants advance increments based on minimum qualifications prescribed in rules and has received a settled departmental construction, similarly situated incumbents holding equivalent qualifications cannot be arbitrarily discriminated against.
- Whether a diploma holder is entitled to five advance increments under the Finance Department Memo dated 6-12-1975?
- Does the refusal of the Service Tribunal to grant advance increments to an eligible civil servant in B-17 violate settled principles established in prior judgments?
- Article 212(3), Constitution of Pakistan 1973
' SAIDUZZAMAN SIDDIQUI, J.---The above appeal with the leave of this Court is directed against the order of Punjab Service Tribunal dated 8-9-1991. By the impugned order, the learned Service Tribunal rejected the request of the appellant for grant of 5 advance increments in terms of Government of Punjab, Finance Department Memo. No, FD. PR-18-1/74 (Pt.1) dated 6-12-1975. Leave was granted in the case as follows:-- "Leave to appeal is granted under Article 212(3) of the Constitution as the view taken by the Tribunal appears to be not in conformity with Government of Punjab and another v. Muhammad Amin (1991 SCMR 675). "
2. The learned Tribunal refused to grant the prayer of the appellant for 5 advance increments on the ground that such increments were admissible under the aforesaid memo. To those incumbents of the post B-17 for which prescribed qualification is graduation in any branch of engineering. The above memo./notification came up for consideration before this Court in the case of Government of Punjab and another v. Muhammad Amin (1991 SCMR 675). In the above-cited case, this Court while refusing Leave to Appeal against the order of Service Tribunal made the following observations:-- "4. The circular granting five advance increments provided for the minimum qualifications of the posts as prescribed in the rules. Therefore, the incumbents of those posts were not necessarily required to be Graduate if they held the posts for which Graduation was the minimum qualification.
The entitlement in their favour was created and given effect to by the Department. Not only, therefore, the rules entitled them to the benefit so did the Departmental construction of it and a recall of an order of this description was not possible even with the reservation that was made with regard to the non-recovery of the payments already made. The decision of the Service Tribunal does not suffer from any infirmity so far as the conclusion is concerned. There is no point of law requiring examination by this Court. We find no merit in the petition which is dismissed."
3. The learned Tribunal attempted to distinguish the above case by saying that the above case related to the officers working against the posts of Engineers in B-17 how passed A.B. Course AMIE (Pakistan) while the appellant is only a diploma holder. It is not disputed by the learned counsel for the respondents that the A.B. Course AMIE (Pakistan) is also a diploma course. In view of the above stated position, the case of the appellant is fully covered by the decision of this Court in the case of Government of Punjab and another v. Muhammad Amin (supra) and we accordingly, allow the appeal, set aside the order of the Service Tribunal and hold that the appellant is entitled to 5 advance increments in terms of memo./Notification No, FD. PR-18-1/74 (Pt. 1) dated 6-12-1975. There will, however, be no order as to costs in the circumstances of the case.