TAQWEEMUL HAQ vs THE PROVINCIAL GOVERNMENT through the Secretary;
The petitioner, an S.E.T. appointed on an ad hoc basis in BPS-15, sought leave to appeal against the N.-W.F.P. Service Tribunal's judgment. The Tribunal had partially allowed his appeal by granting him graded pay from the date he acquired the B.Ed. qualification but declined his request for regularisation of service and the grant of advance increments. The petitioner contended that, given his academic qualifications—B.Sc. (Hons.) Agriculture and B.Ed.—he was entitled to regularisation of service from the date of his initial appointment and to eight advance increments, citing a specific government notification regarding pay scales and increments for higher qualifications. The Supreme Court observed that the contentions raised by the petitioner regarding the denial of regularisation and advance increments required further examination. Consequently, the Court granted leave to appeal to consider whether the petitioner was entitled to the relief denied by the Service Tribunal.
- Is an ad hoc employee entitled to regularisation of service based on subsequent acquisition of professional qualifications?
- Does the acquisition of higher academic qualifications entitle a government servant to advance increments under the relevant notification?
- Can a Service Tribunal restrict the grant of graded pay to the date of acquiring a requisite qualification rather than the date of appointment?
ORDER
' MUHAMMAD BASHIR 'KHAN JEHANGIRI, J.---Taqweemul Haq, petitioner, seeks leave to appeal against the judgment of the N.-W.F.P. Service Tribunal, dated 12-10-1994 whereby his appeal claiming regularisation of his service "by awarding`, graded/running pay in BPS-16 along with advance increments with all other back benefits" was partially allowed.
2. The petitioner with the qualification of B.Sc. (Hons.) Agriculture was appointed on 23-11-1987 as S.E.T. In the Directorate of Education in N.-W.F.P. On temporary and ad hoc basis in BPS-15 (Fixed).
Later on in 1991 these posts of S.E.Ts. Were upgraded to BPS-16 (Fixed). He passed C.T. (General) and B.Ed. Examinations respectively in 1991 and 1992 from R.D.E., Peshawar and Allama Iqbal Open University, Islamabad.
3. The petitioner's departmental appeal to Director of Education (respondent No, 2) for grant of regular BPS-16 and 8 advance increments having been rejected on 19-12-1993, he approached the N.-W.F.P. Service Tribunal which partially accepted his appeal and allowed him "only graded pay from the date he acquired the requisite qualification i,e, B.Ed. For the post of S.E.T., with arrears, if any, from that date". The remaining relief "regarding regularisation of service and advance increments" was, however, declined.
4. Mr. M. Zahoor Qureshi Azad, the learned counsel for the petitioner, contended that the learned Tribunal has erred to decline the relief of regularisation of service of the petitioner and advance increments. In this context, it was submitted that the petitioner was initially B.Sc. (Hons.) Agriculture and had subsequently passed B.Ed. Examination, therefore, he was not only entitled to regularisation of service from the date of his appointment but was also entitled to six advance increments plus two advance increments for being M.Sc. Agriculture which was equivalent to M.
Phil. According to Notification No, FD(SR-11)2-132/88/Vol. IV, dated 3-11-1990.
5. The contention needs consideration. Leave to appeal is accordingly granted.