Govt of the Punjab School Education Department has issued orders No. SO(SE-III)7-241/2013 dated 5th November 2013 in connection with the matter of Advance Increments & M.Phil Allowance to Graduate English Teachers. The detail is as under:
The W. P NO. 11269/3013 filed by Mr. Muhammad Shabbir, EST (English) Govt Elementary School lshaq Wala Muzaffargarh and 04 others was disposed of by the honourable Lahore High Court; Multan Bench; Multan with the direction to the respondent NO.1; Secretary School Education to decide petitioners case in the light of judgment rendered by this court in writ petition NO.8395OF2012.
The operation paragraph of judgment dated 07.11.2012 passed in with petition NO.8395/2012 is produced as under:“It is an establish principle of law that once an Appex court decides some point of law that is applicable on all similarly placed persons. The respondents are not denying this fact but their defence is that the petitioner is hit by article 212 of the constitution of Islamic Republic of Pakistan. The argument of learned assistant advocate general; Punjab is of no use. As the petitioners are claiming the benefit of judgment of the honorable Supreme Court of Pakistan as they are on similarly placed position like the appellants of judgment passed by the learned Punjab Service Tribunal. In view of the above, this petition is allowed and the petitioner case is declared at per with the case of the appellants of judgment passed by the learned Punjab Service Tribunal dated 04.10.2010.”
The judgment dated 04.10.2010 passed in appeal NO.1545/2010 is produced as under: “The perusal of above noted notification issued by the govt. of Punjab Finance Department on 07.07.2007 leaves no room for doubt that despite discontinuity of the above noted concession/grant of increment w.e.f 01.12.2001; all those officer/officials who had acquired higher qualification prior to 01.12.2001 were already entitled to get the benefit of advance increments if otherwise eligible under the policy; meaning there by that the relevant date for acquiring higher education during service for getting the relief under 1983 notification was that the same should have been acquired prior to 01.12.2001; therefore were entitled to claim benefit of para-15 (iii) of notification dated 25.08.1983. Resultantly all these appeals are allowed and the appellant are declared eligible for grant of increments under notification dated 25.08.1983 provided they have earlier not availed the said concession in respect thereto .”
The judgment dated 07.11.2012 passed in writ petition NO. 8395/2012 upheld by the honorable Supreme Court of Pakistan vide judgment dated 07.03.2013 was submitted to the Finance Department for necessary advise the department to implement the judgment to the extent of petitioners only. Accordingly the petitioners in writ petition No. 8395/2012 were allowed advance increments on acquiring higher qualification of M.A, M.Ed etc.
In compliance to the court’s order following steps were taken:-
a). The petitioners were afforded personal hearing and heard at length in the presence of Mr. Riaz Hussain Qureshi, litigation officer O/O EDO (Edu) Muzaffargarh;
b). The available record was perused and following facts are observed:- i. The Graduate English Teachers were recruited on contract basis in the year 1995 & 1997 and regularized vide letter No. SO(SE-IV)2-31/2004 dated 31.12.2004; ii As per Notification No.FD;PC.2-1/83 dated 25.08.1983 issued y the Finance Department, PSTs, ESTs, ATS and SSTs were entitled for advance increments. The Graduate English Teachers did not come under the purview of said Notification. However, vide notification N. SO(CONFDL:S) 1-13/90 dated 26-6-90 advance increments sanctioned by the Finance Department in para 15 of their notification No.FD.PC.2-1/83 dated 25.08.1983 were stopped.
iii. The Govt of the Punjab, Finance Department vide letter dated 03-11-2004 advised the Accountant General , Punjab that teachers who could not avail the benefit prior to 01-12-2001 due to any reason are not entitled for advance increment at this stage.
iv. Prior to appointment and regularization of Graduate English Teachers, Finance Department vide letter No. FD.PR.12-5/84 (PT.II) dated 03-11-2004 had already stopped advance incements on attaining higher qualification.
v. The Govt of the Punjab, School Education department vide notification No.SO(SE-III) 2-16/2007 dated 24-9-2007 approved higher qualification allowance for Elementary School Teachers on acquiring higher qualification of M.A/M.Sc; and
vi. The ESTs (English) are entitled for M.Phil Allowance at the rate of Rs.5000/- per month vide notification No.FD.SR-1/9-21/2011 dated 01-4-2013.
6. The Department vide letter No. SO(SER-II) 7-241/2013 dated 31-10-2013 has requested the Finance Department to issued necessary advice on the judgment dated 23-09-2013 passed in write petition No.112369/2013.
7. In view of the above, I, Secretary School Education hereby dispose of the petition of petitioners, Mr. Muhammad Shabbir , EST (English) Govt. Elementary School Ishaq Wala Muzaffargarh and 04 others, subject to advice issued by the Finance Department.Special thanks to shumaila kamal for this post.