2000 PLP (C (PLC(CS))

Ch. Aziz Ahmad Sbami for Appellant. Ch. Manzoor Hussain, D.A. for Respondents. Date of hearing: 5th April, 2000.

1. The appellant is serving the Health Department as Rural Health Inspector, Rural Health Centre, Kotla Khalwan, Teshi Safdarabad, District Sheikhupura. The initial prescribed qualification for the post is Matric with 1‑1/2 years, Diploma in Rural Health Inspector Course. During the course of his employment he improved his qualification and passed F.A., B.A. and M.A. Examinations. He, therefore, requested the department to grant him 6 advance increments in terms of Pay Revision Rules of the Finance Department. In spite of this repeated requests, the department failed to meet his legitimate demand which obliged him to file this appeal.

2. The department have refuted the assertions of the appellant contending inter alia that the post of Instructor is technical one, as such, the improvement of qualification as F.A., B.A.. (Arabic) and M.A. (Punjabi) would‑not entitle him to advance increments as they are not in the relevant field.

3. Arguments have been heard and record has been gone through.

4. It is submitted by the learned counsel for the appellant that the appellant performs general type of duties and advancement in educational qualification would ensure better performance of his duties in public interest, as such, he was lawfully entitled to increments claimed by him.

5. Learned D.A., on the other hand, has argued that the department had rightly declined to meet the request of the appellant as higher qualification acquired by him does not relate to the relevant field.

6. Duties of Rural Health Inspector, according to the job description in the relevant rules (pages 29, 30, 31 and 32) are multifarious. He is a technician who is required to treat common and ordinary ailments under the supervision of Medical Officer and is also supposed to perform curative work which is invariably done by Dispensers arid Dressers and so also the work done by the Sanitary Inspectors, Malaria Inspectors and Vaccinatorsetc and besides this, he is to impart education to the villagers and number of other institutions at the lower level. The gamut of his duties described in relevant document shows that he is totally a technical officer, as such, acquisition of knowledge Arabic up to B.A. and Punjabi up to M.A. cannot be described as an advancement of knowledge in the relevant field.

7. In Faiz Ahmad v. Chief Engineer, Punjab Highway Department (Appeal No. 1776 of 1998), this Tribunal declined to allow advance increments to a technical officer who had acquired higher qualification in Arts and held that the qualification acquired by him did not relate to his field. The appellant challenged the decision of this Tribunal in Civil Petition for Leave to Appeal No.838‑L of 1999 (Annexure "A" with the comments) before Hon'ble Supreme Court. The decision of the Tribunal was upheld by the Hon'ble Supreme Court.

8. In this view of the matter, this appeal seems to have no merit and is hereby dismissed. H.B.T./8/P(Sr. Trib.) Appeal dismissed.