Pakistan Case LawP.R., ISLAMABAD Versus FEDERAL SERVICE TRIBUNAL & Other
This civil appeal before the Supreme Court of Pakistan arises from an order of the Federal Service Tribunal, which had dismissed the appellant's appeal regarding the withdrawal of four advance increments granted upon attaining a higher educational qualification. The core legal question was whether the appellant, who was promoted from Stenotypist to Stenographer in Pakistan Railways (treated as a Division of the Federal Secretariat), was entitled to advance increments for acquiring a B.A. degree under the Finance Division's Office Memorandum dated 29.6.1991, based on the prescribed recruitment qualifications. The Supreme Court held that since the applicable Federal Government Office Memorandum dated 23.9.1969 dispensed with the higher educational requirement of Intermediate or B.A. for permanent Stenotypists being promoted as Stenographers, the appellant's base required qualification for promotion remained Matriculation. Consequently, having acquired a B.A. degree, he was entitled to four advance increments. The Court set aside the Tribunal's order and allowed the appeal, establishing the principle that departmental promotion rules tied to Federal Secretariat O.M.s govern educational thresholds for advance increment entitlements.
- Whether a permanent Stenotypist promoted as a Stenographer is required to possess the higher educational qualification prescribed for direct recruits for the purpose of claiming advance increments?
- Does the qualification prescribed by the Federal Government for the Federal Secretariat apply to Pakistan Railways as a Division of the Federal Secretariat?
- Is an employee who improves their educational qualification beyond the baseline requirement for their promotional post entitled to advance increments under the Finance Division Office Memorandum dated 29.6.1991?
JUDGMENT SAIDUZZAMAN SIDDIQUI, J.- The appellant was appointed as Stenotypist B.8/B.12 in Pakistan Railways on 6.11.1973. He was promoted as Stenographer Imp-II/91 dated 29.6.1991 the appellant was allowed 4 advance increments. However, by letter dated 6.2.1994 the advance increments granted to appellant were withdrawn. The appellant after availing departmental remedy approached the Federal Service Tribunal by way of appeal which was dismissed as follows:-
"we have examined the record. The Recruitment Rules for the posts of Stenographer appearing at Page 65 of Pakistan Railways Personnel Manual (Volume 1) prescribed BA/B.Sc. Basic qualification for appointment to the post. The appellant admittedly was working as Stenographer prior to 1.6.1991. Therefore, as Stenographer having the basic qualification of BA, he was not entitled to any advance increment and the department was justified in withdrawing the same w'hich were allowed to him provisionally on his on. Request. In fact, it appears that the department was misled by the statement of the appellant in his application dated 14.10.1991 that he possessed higher educational qualification of BA. Whereas the requisite qualification fur the post of Stenotypist w'as Matric. In fact at the time he was not working as Stenotypist but as Stenographer and the minimum qualification for the post of Stenographer is BA/BSc. The appeal is misconceived and is accordingly dismissed wdth costs."
2.Leave was granted in the above case to consider the following contention of the appellant:
5. The petitioner, w'ho has appeared in person, in support of the petition has made two-fold submissions: firstly, that .The so-called Recruitment Rules invoked by the respondents and relied upon by the Tribunal were not applicable to the petitioner, in that, the Pakistan Railways having been declared to be a Federal Ministry.
The qualification prescribed for the post of Stenographer by the Federal Government in the year. 1969 vide O.M.No. F. 27/61/69- F-II dated 23.9.1969 being Intermediate, the qualification prescribed at page-65 of the Pakistan Railways Personnel Manual as B.A./B.Sc, stood superseded and, secondly, that the petitioner had been promoted from the post of Stenotypist to that of .The Stenographer in contradistinction .To the direct recruitment, therefore, the basic qualification as B.A./B.Sc, for him was irrelevant.'
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6. Leave to appeal'is g contentions." , #tbs ppearing in person, contended before us 11 into error in holding that the appellant lerement in terms of Finance Division's 29.6.1.991,' as the basic qualification filer under Pakistan Railways Personnel or Senior Cambridge and as such the ithdrew the four advance increments aellant further contended that Pakistan Secretariat and therefore, the minimum uitment of Stenographers in Federal lents was applicable to the appellant. The
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3.The appellant, who *isr a that the learned Sendee Tribunal fe was not entitled to any advance ii O.M.No. F.P 12)irop-II/9l, dated prescribed for the post of Stenogra Manual (Volume T) was B.A/B.Se departmental authority lightly v allowed to the appellant. The ap Railways is a Division of the F.Edera qualification prescribed for recr ' Secretariat and its attached departr appellant argued that in terms of O.M.No. F.27/61/69-F.II, dated 23.9.1969, #tbs
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#tbs re us by the learned counsel for the Railways is a Division of the Federal ilway. It is, therefore, quite clear that the tjment to the post of Stenographer in the d departments was applicable to the case #to
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. 4. It is not disputed respondent (Railways) that the Secretariat under the Ministry of qualification prescribed for. Recrui Federal Secretariat and its attache #to
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#tbs the prescribed qualification for th while the qualification for the p However, for promotion of a #to e post of Stenotypist was matriculaition ost of Stenographer was Intermediate, epartmental promotes to the post of Stenographer from the post of Stenotypist the qualification continued to be only matriculation. It is also contended by the appellant that the qualification prescribed for the post of Stenographer in Pakistan Railways Personnel Manual (Volume II was inoperative and outdated as this was prescribed in the year 1954 and in any case after issuance of O.M.F.27/61/69- F.II, dated 23.9.1969 it stood modified accordingly. The learned counsel for the Railways supported the order of learned Seryice Tribunal. The contention of appellant is not without force. Of the appellant. O.M.F.27/61/69/F.I1, dated 23.9.1969, printed at page 78 of the ESTACODE (1989 Edition) relied by the appellant reads as follows:'-
"SI. No. I6: Minimum educational qualifications for direct recruitment to the grade of Stenographer in the Federal Secretariat and its Attached Departments.- For increasing the efficiency of Stenographers in the Federal Secretariat and its Attached Departments, it has generally been felt that a Stenographer should have good knowledge'of English. It has, therefore, been decided in consultation with the Central Public Sendee Commission that the minimum educational qualification for direct recruitment to the grade of Stenographer in the Federal Secretariat and its Attached Departments should henceforth be Intermediate. The .Minimum qualification of Matriculation for recruitment to the grade of Stenotypist^ should continue.
2. It has also been decided that the Stenotypist^ who are permanent or are eligible for confirmation in the Federal Secretariat and its Attached Departments should continue to be prompted as Stenographers without, being required to possess the Intermediate qualification in accordance with the rules. The * Stenotypists who are'purely temporary and are not eligible for confirmation in the Federal Secretariat and its Attached Departments should possess the minimum' educational qualification of Intermediate for appointment as purely temporary Stenographers."
5. Fr6m the above quoted instruction, it appears that the minimum educational qualification for direct recruitment to the post of Stenographer in the Federal Secretariat was enhanced to Intermediate from the date of issue of O.M. F.27/61/69-F, namely 23.9.1969. However, in case of promotion of Stenotypists working in permanent capacity or those who were eligible for confirmation, the requirement of possessing the minimum educational qualification of Intermediate for promotion as Stenographer, was dispensed with, and they were eligible for promotion as Stenographer even with minimum qualification of matriculation. The appellant who was promoted as Stenographer on 31.3.1988 after having served for more than 14 years as Stenotypist, was therefore, under the prevailing rules required to possess only a matriculation certificate as his educational qualification. The appellant haring improved his qualification first to F.A. And then to B.A: during his service as Stenographer, was therefore, entitled to four advance increments in terms of Finance Division O.M.'No. F.I (l2) Imp-II/91 dated, 29:6.1991, relevant paragraph whereof reads as follows:-
\
[ Vol.XVlMuhammad Asghar V. Fedeirl Service Tribunal & others C.C.737
{Saiduzzanian Siddiqui, J)
"GRANT OF ADVANCE I INCREMENT TO OFFICIALS FOR POSSESSING/ATTAINING HIGHER EDUCATIONAL QUALIFICATIONS. m
1. From 1.6.1991 onwards advance increments, shall be allowed withoht the condition of the second Division to the officials in BSP-1-15 for possessing or acquiring higher educational qualification over and above the prescribed qualification in the relevant recruitment rules, to the extent given below:-
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Where the prescribed qualification is Matric.
(ci Where the prescribed qualification is FA/FSc.
(di Where the prescribed qualification is BA/Bsc.
The advance increments already F.1/7/IMP-II dated, 1st July, 1987 woi #to
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Matric. FA/Fsc. BA/BSc. MA/MSc.
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'a.i Where the prescribed qualification is non-Matric.
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Nill 2 4 6
Nill Nill 2 4
Nill Nill Nill 2 allowed in terms of Para 6 of OM No.
Be doubled from 1,6.1991.
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No of advance iiicrements for obtaining
It was neither argued before tire learned Sendee Tribunal nor it is contended before us that the appellant was not a permanent Stenotypist or that he was not eligible for confirmation against the post of Stenotypists. The appellant was appointed as Stenotypist in 1973 and was promoted as Stenographer after clearance from the D.P.C, in 1988. There is nothing on record before us to hold that the appellant's case was not covered by O.M. ^.27/61/69-F.II, dated 23.9.1969. We, accordingly, allow the appeal, set aside t e impugned order of learned Sendee Tribunal and hold that the appellant w s entitled to the giant of four advance increments in terms of O.M. No. F.I I L Imp-II/91, dated 29.6.1991. No orjder as to costs.
Judges on this bench
- Raja Afrasiab Khan1,254 judgments
- Saeeduzzaman Siddiqui1,222 judgments
- Mukhtar Ahmed Junejo485 judgments