PLC(CS) 1996

1996 PLP (C (PLC(CS))

DIRECTOR, PUBLIC INSTRUCTIONS (SCHOOLS), PUNJAB and 2 others Versus Mrs. NEELAM AMAR and 4 others

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Civil Petitions for Leave to Appeals Nos. 578 to 580-L, 593 and 594-L of 1995, decided on 25th June, 1995.
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 1996 PLP (C (PLC(CS))
Forum / Court Supreme Court of Pakistan
Bench Members N/A
Parties DIRECTOR, PUBLIC INSTRUCTIONS (SCHOOLS), PUNJAB and 2 others Versus Mrs. NEELAM AMAR and 4 others
Primary Law Privately Managed Schools and Colleges (Taking Over) Regulation, 1972 (M.L.R. 118)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1996 PLP (C (PLC(CS))?

This judgment primarily cites: Privately Managed Schools and Colleges (Taking Over) Regulation, 1972 (M.L.R. 118) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1996 PLP (C (PLC(CS))?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1996 PLP (C (PLC(CS)) (DIRECTOR, PUBLIC INSTRUCTIONS (SCHOOLS), PUNJAB and 2 others Versus Mrs. NEELAM AMAR and 4 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Privately Managed Schools and Colleges (Taking Over) Regulation, 1972 (M.L.R. 118)

Representation

  • Faiz Muhammad Bhatti, Advocate Supreme Court and Rao Muhammad Yousaf Khan, Advocate-on-Record for Petitioners (in all C.Ps.).
  • Date of hearing. 25th June, 1995.
  • Faiz Muhammad Bhatti, Advocate Supreme Court and Rao Muhammad Yousaf Khan, Advocate‑on‑Record for Petitioners (in all C.Ps.).
  • Ch. Ghulam Qadir, Advocate Supreme Court and C.M. Latif, Advocate Supreme Court and Ch. Mehdi Khan, Advocate‑on‑Record for the Caveators (in all C.Ps.).

Headnotes / Summary

(From the judgment/order of Punjab Service Tribunal, dated 17-2-1995 in Appeals Nos. 648/91, 254,252, 253 and 251 of 1992 respectively

Para. 4

Constitution of Pakistan (1973), Art. 212(3)

Service conditions of employees of Privately Managed Schools which were taken over by Government

Demand of benefits of equal chances of promotion/selection grades which were available to their counter-parts with the same length of service

Demands of employees though accepted by Government but implementing the same grievance of employees were not removed

Service Tribunal while accepting employees appeals ordered that they would have right to count previous service for purposes of seniority among themselves to compute their length of service to claim monetary benefits which were permitted to officer of general cadre after completion of certain length of service

Validity

Government's main grievance against decision of Service Tribunal was that employees were entitled to count their service for purpose of drawing benefits available to officers of general cadre only with effect from 1-7-1975 when management of schools were taken over by Provincial Government and not from any earlier date

Such contention was repelled by Supreme Court

Employees possessed same academic qualifications as were prescribed for teachers of general cadre and duties which they performed before nationalisation were precisely of same nature and responsibility as of those who belonged to general cadre

No reason was pointed out as to why employees' services prior to 1-7-1975 be ignored while computing their length of service with employees of general cadre for purpose of granting them benefits received by the latter

Petitions against decision of Service Tribunal were without merit and were dismissed. Ch. Ghulam Qadir, Advocate Supreme Court and C.M. Latif, Advocate Supreme Court and Ch. Mehdi Khan, Advocate-on-Record for the Caveators (in all C.Ps.).

Judgment & Decree

(b) ................................................. (c) ................................................. (d) ................................................. (e) ............................................... (f) ................................................. (g) The benefits of equal chances of promotion/selection grades shall be available to all categories of teachers of the `Nationalised/Provincialised' Cadres as soon as ‑their counter‑parts with the same length of service in the General Cadre are promoted/awarded selection grades." Somehow, the manner in which these orders of the Chief Minister were implemented did not remove the grievances of the respondents: consequently, they preferred appeals before the Punjab Service Tribunal‑ The learned Tribunal accepted these appeals and directed: "The appellants shall have a right to count previous service for the purposes of seniority among themselves and of course to compute their length of service to claim monetary benefits which are permitted to the Officers of the General Cadre after completion of certain length of service." The Provincial Government seeks leave to appeal from the order of the learned Tribunal.

2. The learned Tribunal has given two reliefs to the respondents, namely:‑‑ (1) The appellants shall have a right to count previous service for the purposes of seniority among themselves; and (2) they shall be entitled to compute the length of service to claim monetary benefits which are allowed to officers of the General Cadre after completion of a certain length of service. So far as relief mentioned at No. (1) is concerned the learned counsel appearing for the petitioners states that he does not wish to agitate against it. However, he is dissatisfied with the relief mentioned as No. (2). According to him the respondents were entitled to count their service for the purpose of drawing benefits available to the officers of the General Cadre only with effect from 1‑7‑1975 when the management of the school was taken over by the Provincial Government and not from an earlier date. There is no merit in this contention. It is to be noticed that the respondents possessed the same academic qualifications as were prescribed for the teachers of the General Cadre and the duties which they performed before nationalisation were precisely of the same nature and responsibility as were of those who belonged to the General Cadre. There is therefore no reason why their services prior to 1‑7‑1975 be ignored when computing their lengths of service with the teachers of the General Cadre for the purpose of granting them benefits received by the latter. It is to be noticed that no limitation of the nature convassed by the learned counsel can be spelled out from the orders of the Chief Minister referred to above. These petitions are without any merit and are hereby dismissed.??????????????? AA./D‑118/S?????????????????????????????????????????????????????????????????????????? ??????????? Petitions dismissed.