1997 PLP 1445 (SCMR)

SAAD SAOOD JAN, J.‑‑‑The respondents in these petitions for special leave to appeal joined service as teachers in schools which were being run by the Municipal Committees. In pursuance of Martial Law Regulation No. 118 their schools were nationalized and in consequence of the notification issued on 27‑8‑1975 the management and control of their schools was taken over by the Provincial Government with effect from 1‑7‑1975. After the nationalization the respondents were left in a quandary with regard to their future. This led to considerable agitation. Ultimately, the matter was considered at the highest level. The orders issued by the Chief Minister in this regard are contained in a Letter bearing No.SO (Confdl‑S) 1‑104/88, dated 10th October, 1991 sent by the Education Department to the Director of Public Instructions; amongst others it contained the following directions: "(a) The demand of the School Teachers of the Provincialized/nationalized Cadres for promotion to the next higher scale/award of selection grade with immediate effect has been accepted in principle on the ground that the School Teachers of General Cadre of 1970 to 1975 have since been promoted/awarded Selection Grades. (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 'Nationalized/ Provincialized' Cadres as soon as their counterparts 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 nationalization 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 canvassed 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. A.A. /D‑118/S Petition dismissed.