P L D 1996 Supreme Court 195 (PLP)

MUHAMMAD BASHM ICRAN JEHANGIRI, J.‑_‑Muhammad Asghr, 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)‑DAP U/94 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 Rides. 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 The order granting four increments was later on withdrawn and two impugned notices for recovery of amount of advance increments were issued.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 notice 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 BA./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 BA./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. F27/61/69‑F‑H dated 23‑9‑1969 being Intermediate, the qualification prescribed at page 25 of the Pakistan Railways Personnel Manual as BA/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 recruitmen4 therefore, the basic qualification 'as BA./B.Sc. for him was irrelevant.

6. Leave to appeal is granted to consider: the aforementioned contentions. AA./M‑3198/S` Leave granted.