2004 PLP (C (PLC(CS))

JAVED IQBAL, J.

By this order we propose to dispose of the above captioned petitions for leave to appeal which are directed against the common judgment dated 13-7-2002 passed by learned Punjab Service Tribunal, Lahore, whereby the appeals preferred on behalf of respondents have been accepted and they were declared to be entitled to the advance increment pursuant to Finance Department's Circular Letter of even number dated 31-8-1998. '

2. Precisely stated the facts of the case as enumerated in the judgment impugned are to the effect that "Faqir Hussain (Appeal No.2334 of 2001 ) as a S.V. Teacher and the remaining respondents as Elementary School Teachers (ESTs) acquired higher qualifications of B.Ed: and- M.A./ M.Sc and the Competent Authority allowed them' advance increments. Later, during the audit it was held that Elementary School Teachers were not eligible for advance increments on acquiring the- higher qualification of B.Ed or MA./M.Sc w.e.f. 26-6-1990 on which date the Government had allowed BS-14 to all those Elementary School Teachers who possessed the qualification of B.A./B:Sc. but at the same 'time the advance increments sanctioned by Finance Department in Para. 15 of their letter dated 25-8-1983 was not to be admissible to these Teachers for whom higher pay scale had been sanctioned, Departmental Authorities thereupon stopped the payment of -advance increments to the appellants and also ordered for recovery of amount already drawn by way of advance increment and started making deduction in the pay bill of Faqir Hussain appellant (Appeal No.2335 of 2001). The appellants made a departmental representation to District Education Officer concerned either remained undecided or was rejected." Being aggrieved appeals were preferred by the respondents before the Punjab Service Tribunal, Lahore, which have accepted vide judgment impugned, hence these petitions.

3. Heard Mr. Aziz Chughtai, learned Advocate Supreme Court on behalf of the petitioner and Mr. Q.M. Saleem learned Senior Advocate Supreme Court with Ch. Ghulam Qadir learned Advocate Supreme Court for the caveators.

4. We have carefully examined the respective contentions as agitated on behalf of the parties and perused the judgment impugned. A careful scrutiny of the record would reveal that first notification was issued by the Government of the Punjab, Finance Department on 25-8-1993 whereby three advance increments were granted to those teachers who possessed or acquired a degree of B.A./B.Se. The minimum prescribed qualification for middle/elementary teacher it F.A./F.Sc. with C.T. By virtue of notification dated 31-1-1998 two more advance increments were granted on acquiring the degree of B.Ed. and one advance increment on acquiring the degree of M.A./M.Sc: w.e.f. 13-1-1998 in, addition to the increments already granted. There is no denying the fact that the-above two notifications remained operative till 26-6-1999 when new pay scaled were introduced as follows:-- "Elementary All the present and future elementary School: Teachers:. school teachers who possess the (E.S.-f./S.V./P.E.T qualifications of B:A./B.Sc (IInd /Drawing Divn), plus existing . prescribed Masters/P.T.I. ). professional training shall be placed in BS-14 with 1/3rd in Selection Grade BS-15. All other teachers who do not possess higher qualifications shall continue higher qualifications shall continue getting existing pay scales with Selection Grades accordingly.

2. However, the higher scales/grades allowed to these teachers will be personal to them and the inter se seniority will return intact. The advance increments sanctioned by Finance Department in para. 15 of their Letter No.FD.P.C.2-1/83 dated 25-8-1983 will not be admissible on acquiring/possessing qualifications for which higher pay scales are being sanctioned in this notification. "

5. It appears that notifications dated 31-1-1988, 26-6-1990 and 31-1-1998 concerning grant of advance increments and new pay scales remained operative simultaneously which caused confusion and in this background letter dated 27-11-1997 and 8-5-198 were issued to make certain clarifications. The said confusion by no stretch of imagination could be attributed to the respondents having. no say whatsoever in such policy matter.

6. Be as it may, according to the latest prevalent position of the elementary teachers who posses the qualification of B.A./B.Sc. (Ilna Divn) plus prescribed professional training are placed in BS-14 with 1/3rd in Selection Grade BS-15. T-he all other teachers who do not possess higher qualification are getting existing pay scale with selection grade. As such they are no more entitled for any advance increment granted from time to time in view of upgradation of their pay scales which amounts to double benefit not admissible under any canon of interpretation. The last clarification was made on 8-5-1998 which should be considered as cut off date. The advance increments received after 8-5-1998 be deducted in easy instalments from respondents and their pay be re-fixed in accordance with existing pay scales.

7. The learned Advocate Supreme Court on behalf of Government of the Punjab (petitioner) has conveyed his no objection if the above mentioned arrangements are made. In sequel to the foregoing discussion the judgment impugned is set aside and these petitions are converted into appeals which are disposed of in above terms. S.A.K./G-187/S Order accordingly.