MUHAMMAD ASGHAR vs FEDERAL SERVICE TRIBUNAL and 3 others
This matter arises from a petition for leave to appeal filed against the judgment of the Federal Service Tribunal, which dismissed the petitioner's appeal seeking to annul recovery notices regarding advance increments and to secure four advance increments for possessing higher educational qualifications. The core legal questions involve whether the recruitment rules prescribing a higher educational qualification for the post of Stenographer in Pakistan Railways superseded earlier federal office memorandums, and whether advance increments for higher qualifications apply to promotees or are restricted to direct recruits. The Supreme Court granted leave to appeal, holding that the contentions raised merit detailed examination regarding the applicability of the relevant recruitment rules and the distinction between promotion and direct recruitment in the context of advance increments for higher qualifications. The key principle laid down is that the entitlement of civil servants to advance increments for higher educational qualifications under government policy must be evaluated in light of the applicable recruitment rules and the mode of appointment.
- Whether a civil servant promoted as a Stenographer is entitled to advance increments for possessing higher educational qualifications under the Finance Division's Office Memorandum dated 29-6-1991?
- Do the recruitment rules for Pakistan Railways prescribing B.A./B.Sc. as the basic educational qualification for Stenographers supersede earlier federal government office memorandums prescribing lower qualifications?
- Is a civil servant who entered service through promotion rather than direct recruitment eligible for advance increments granted for higher qualifications?
ORDER
' MUHAMMAD BASHIR KHAN JEHANGIRI, J.---Muhammad Asghar, petitioner, seeks leave to appeal against the judgment of the Federal Service Tribunal, dated 21-5-1995 whereby his appeal to have the notices of recovery dated 6-2-1994 and 19-12-1994 from his salary annulled and for grant of 4 increments with effect from 1-6-1991 was dismissed.
2. Brief facts giving rise to this petition are that the petitioner was appointed as Stenotypist (B-12) on 6-11-1973 for which prescribed educational qualification at that point of time was Matriculation.
He was promoted as Stenographer (B-15) on 31-3-1988 on the basis of seniority-cum-fitness. The Government of Pakistan in the Finance Division vide O.M. No,F.1(12)-IMPII/91, dated 29-6-1991, inter alia, allowed advance increments to the civil servants for possessing or acquiring higher qualifications than those prescribed under the relevant Recruitment Rules. The petitioner was, therefore, provisionally allowed four advance increments on the ground that he possessed higher qualifications than those laid down under the Rules. The order granting four increments was later on withdrawn and two impugned notices for recovery of amount of advance increments were issued.
3. The petitioner feeling aggrieved of the order of withdrawal of four advance increments and the consequential notices of recovery filed an appeal before the Federal Service Tribunal. The respondents in their comments maintained before the Tribunal that the petitioner was not entitled to four advance increments "as the prescribed educational qualification for the post of Stenographer in the Pakistan Railways was B.A./B.Sc." It was also urged that "the petitioner had been promoted as Stenographer prior to 1-6-1991 from which date the advance increments had been allowed for possessing or acquiring higher educational qualification over and above the prescribed qualification and, therefore, he was not entitled to any advance increment".
4. The Federal Service Tribunal after perusal of the record reached the conclusion that "the Recruitment Rules for the post of Stenographer appearing at page 65 of Pakistan Railways Personnel Manual (Volume I) prescribed B.A./B.Sc. As basic educational qualification" and that the petitioner "was admittedly working as Stenographer having the basic qualification of B.A., he was not entitled to any advance increment" and, therefore, the "Department was justified in withdrawing the same". In consequence, the appeal was dismissed.
5. The petitioner, who 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-FII, dated 23-9-1969 being Intermediate, the qualification prescribed at page 25 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.
6. Leave to appeal is granted to consider the aforementioned contentions.
Cited by 2 cases
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