2004 PLP (C (PLC(CS))

Atta Rabbani for Respondent No.3. Date of hearing: 16th October, 2002. The petitioner is serving as Medical Technician in Zila Council. Lahore (now the District Government) and is a servant of a Local Council. His grievance in this petition is that in accordance with the Circular Letter No.FD-PC-2-2-/91, dated 1-8-1991 of the Finance Department Government of the Punjab, duly adopted by the Local Government Department vide Letter No.SO-IV(LG) 4-16/91, dated 6-11-1991, he was entitled to two increments each for improving his qualification from Matric with a diploma course to F.A., B.A. and` M.A. It is averred that he has been agitating the matter before the competent, authority and vide order dated 5-10-1999 passed by the Chairman, Zila Council, Lahore, his representation dated 12th July. 1999 was allowed but the said order was not- implemented.

2. Respondent No.4, the City District Government, Lahore as well as respondent No.3, the Provincial Director Local Fund Audit, Punjab have resisted this petition on the ground that the letter dated 1-8-1991 was amended vide Letter No.FD-PR-12-3/87 (P.T. VI), dated 22-1-1993 of the Government of the Punjab in the Finance Department and sub para (iv) was added to the circular letter dated 1-8-1991, according to which, the advance increments were admissible only if the higher qualifications are in the relevant/related field which the petitioner did not possess.

3. The learned counsel for the petitioner contends that the amendment vide the circular letter on 22-1-1993 could not be made to operate retrospectively to undo the right which had already accrued in B favour of the petitioner under the circular letter dated 1-8-1991. It is further contended that the Competent Authority i.e. the Chairman Zila Council had allowed his application vide order dated 5-10-1999 and it should have been implemented.

4. The learned Additional Advocate-General, however, contended that the writ petition has been filed with undue delay and that the higher qualifications possessed by the petitioner were not in the relevant field to entitle him to the advance increments for F.A. B.A. and M.A.

5. I have considered the submissions made by the learned counsel for the parties. According to letter dated 1-8-1991, civil servants in B.S. 1 to 15 possessing or acquiring higher educational qualification over and above the prescribed qualification in relevant rules were entitled to two increments each for F.A F.Sc., B.A. /B.Sc. and M.A. /M.Sc. It is not disputed that the requisite qualification for the post of Medical Technician is Matric with two years Diploma course which the petitioner had and he had also qualified F.A., B.A. and M.A. It is also not disputed that on 5-10-1999 the Chairman Zila Council i.e. the competent authority had allowed the representation of the petitioner dated 12-7-1999. Thus, with the promulgation of 1991 rules a vested right to earn increments accrued to the petitioner which could not be denied to him because of the amendment of the circular letter dated 22-1-1993 on the principle that the said amendment could not be made to operate retrospectively so as to destroy a vested right. Letter dated 30th June, 1992 of the Local Government Department addressed to the Commissioner, Lahore Division, Lahore shows that all categories of Local Council employees including the Medical Technician were entitled to the benefit of the circular letter dated 1-8-1991. The contention of the learned Additional Advocate-General that the writ petition suffers from laches has no merit for the reasons that the Competent Authority, vide order dated 5-10-1999, had conceded the claim of the petitioner by allowing his representation. However, the said order was not implemented.

6. For what has been stated above, this writ petition is allowed and respondents Nos.4 and 5 are directed to sanction six advance increments in favour of the petitioner in accordance with circular letter dated 1-8-1991 as it originally stood. No order as to costs. H.B.T./M-2277/L Petition allowed.