TAQWEEMUL HAQ vs THE PROVINCIAL GOVERNMENT through the Secretary, Education and others
This matter arises from a petition for leave to appeal filed against the judgment of the N.-W.F.P. Service Tribunal, whereby the petitioner's appeal for regularisation of service in BPS-16 along with graded/running pay, advance increments, and back benefits was partially allowed. The petitioner, possessing a B.Sc. (Hons.) Agriculture degree, was appointed on an ad hoc and temporary basis as a Science-cum-English Teacher (S.E.T.) in BPS-15 (Fixed), which posts were later upgraded to BPS-16 (Fixed). The Service Tribunal granted him graded pay from the date he acquired the requisite B.Ed. qualification, but declined regularisation and advance increments. The core legal question before the Supreme Court was whether the petitioner was entitled to regularisation of service from his initial appointment and to multiple advance increments based on his academic qualifications and applicable government notifications. The Supreme Court held that the contentions raised substantial questions requiring consideration and granted leave to appeal. The key principle laid down is that claims for service regularisation and advance increments based on higher academic qualifications warrant a full hearing by the apex court upon the grant of leave.
- Is a temporary and ad hoc appointee entitled to regularisation of service from the initial date of appointment?
- Whether an employee holding specific educational qualifications is entitled to advance increments under government notifications?
- Does the acquisition of a requisite professional qualification like B.Ed. entitle an S.E.T. to graded pay from the date of acquisition?
ORDER
' MUHAMMAD BASHIR JEHANGIRI, J.--- aqweemul Haq, Petitioner, seeks leave to appeal against the judgment of the .-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 alongwith 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 PBS-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-II) 2-132/88/ Vol.IV dated 3-11-1990.
5. The contention needs consideration. Leave to appeal is accordingly granted.