1998 PLP 1253 (SCMR)

MUKHTAR AHMED JUNEJO, J.

Petitioners Province of N.W.F.P., and others have filed Civil Petitions Nos. 105-P of 1995, 106-P of 1995, 107-P of 1995 and 108-P of 1995 for leave to appeal against the judgments delivered by the N.W.F.P. Service Tribunal, Peshawar (hereinafter mentioned as the Tribunal) in service Appeals Nos.258 of 1994, 161 of 1994, 166 of 1994 and 218 of 1994 filed by respondents Momin Khan and others, Qaasim Khan and others, Abdul Pauf Niazi and others, and Imtiaz Ahmed and others respectively. All these petitions are being decided by this order. The respondents in all these petitions are Instructors in BPS-14 in the Technical Training Centres N.W.F.P. Respondents in Petition No.105-P of 1995 are Instructors in Government Technical Training Centre, Mingora, Swat while respondents in Petition No.107-P of 1995 are in such Centres in Dera Ismail Khan. Under Government of N.W.F.P. Letter No.F.D.(P.R.C.)1-1/87-VIII, dated 22-7-1987 revision of Basic Pay Scales and Allowances of Civil Employees of the Provincial Government of N.-W.F.P. was sanctioned. Besides this, there was provision for advance increments to the officials in B. P. S.1 to 15 for possessing or acquiring higher educational qualifications over and above the prescribed qualification in relevant recruitment rules. In pursuance of such letter the respondents who possessed or acquired degrees of B.A. or M.A. claimed advance increments. The Provincial Government under a letter dated 8-6-1991 sought advice of the Federal Government whether the Instructors in Technical Training Centres who at the time of entering the service were Matric alongwith technical experience, can be given the benefit of advance increments on acquiring higher educational qualifications like F.A/F.Sc., B.A./B.Sc. and M.A./M.Sc. Under a letter dated 8-8-1991 the Federal Government in Finance Division informed the Provincial Government that employees of Technical Training Centres were also eligible to receive advance increments on possessing or acquiring higher qualifications over and above their basic qualification. Under a letter dated 9-3-1992 addressed to the Government of Pakistan, Finance Division, the Provincial Government in Finance Department expressed the view that employees of Technical Training Centres are eligible to receive advance increments only on possessing acquiring higher qualification in relevant fields (underlining is ours). The view expressed .in said letter was confirmed by the Federal Government in Finance Division under a letter dated 30-3-1992. upon this the Provincial Government under a letter dated 22-6-1992 requested the Federal Government that the earlier decision communicated under letter dated 8-8-1991 may be reconsidered and amended. In reply the Federal Government under a letter dated 22-8-1992 addressed to the Government of N.-W.F.P. Finance Department reiterated the view that the employees of Technical Training Centres were eligible to receive advance increments only on possessing acquiring higher qualifications in their relevant field. This was conveyed by the Finance Department to the Industries Department of the Government of N.-W.F.P. Under letters dated 25-7-1994 and 29-3-1994 representations of the respondents for advance increments were rejected. All the respondents invoked jurisdiction of the Tribunal by citing the case of Muhammad Fayyaz Ali which was said to be identical to cases of the respondents. Muhammad Fayyaz Ali was said to have been allowed the benefit of advance increments by the Tribunal in Appeal No.276 of 1992. Under identical orders the Tribunal accepted the appeals of the respondents without discussing the facts and circumstances of any case by relying on this contra judgment dated 25-8-1993 in Appeal No.276 of 1992. In this way all the respondents were ordered to be given advance increments from the dates of filing the appeals. Hence these petitions. Mr. Abdul Qadir Khattak, learned counsel for the respondents argued that it was in pursuance of the revision of Pay Scales of Federal Government employees by the. Government of Pakistan that the Provincial Government of N.-W.F.P. sanctioned revision of Pay Scales and Allowances and other fringe benefits for Provincial Civil Servants and that the Provincial Government had to follow the directive of the Federal Government. Learned counsel for the respondents could not reply as to, in pursuance of which provision of law the Government of N.-W.F.P. issued the letter dated 22-7-1987 about revision of Basic Pay Scales etc. He, however argued that under section 26 of the N.-W.F.P. Civil Servants Act, 1973 the Governor may make such rules as appear to him to be necessary or expedient for carrying out the purposes of said Act. It was added that while invoking section 26 of the said Act, N.W.F.P. Civil Servants (Appointment, Promotion and Transfer) Rules were framed. It was also argued that the respondents were entitled to advance increments in terms of Government of N.W.F.P. letter dated 22-7-1987, in which it was not mentioned that an employee seeking advance increments on the basis of having acquired higher educational qualifications can be granted advance increments only if he has acquired possessed such higher educational qualifications in the relevant field in which he works. It was also argued that the Federal Government could not have directed the Provincial Government to restrict grant of advance increments only on possessing/acquiring higher qualifications in the relevant field. After hearing the learned Additional Advocate-General, N.W.F.P. and the learned counsel for the respondents, we grant leave to appeal in all these petitions to consider the following points: (i) Whether Government of N.-W.F.P. letter dated 22-7-1987 gave any vested right to the respondents to claim advance increments on possessing acquiring higher educational qualifications in any faculty; (ii) Whether the Provincial Government was competent to withdraw grant of advance increments provided in their letter dated 22-7-1987 on the ground that the respondents did not possess or acquire higher qualifications in their relevant field; and (iii) Whether the Government of N.-W.F.P. letter dated 22-7-1987 is covered by any statutory provision of law. A. A./P-11/S??? Leave granted.