2004 PLP (C (PLC(CS))

FAQIR MUHAMMAD KHOKHAR, J

This petition is directed against judgment. dated 31‑5‑2000 passed by the Punjab Service Tribunal; Lahore (hereinafter referred to as the Tribunal) in Service Appeal No. 1106 of 1999: ‑

2. The petitioner was a Mobility Instructor in the Sunrise Institute of the Blinds Ravi Road, Lahore. The Government of the Punjab accorded sanction to the grant of special pay at the rate of 10% of the pay, to the teachers working in the Government Institutions for the handicapped children. The petitioner was accordingly allowed benefit of special pay of 10% of his pay by order, dated 4‑6‑1984 issued by the Education Department The payment of special pay was stopped pursuant to a notification, dated 1‑4‑1986 issued by, the Finance Department, Government of the Punjab, whereby the pay scales of the teachers of the Institutions of special children were revised and enhanced. The pay scale of the petitioner was upgraded from BS-10 to BS-14 The service appeal No.1106 of 1999 of the petitioner against the stoppage of special pay at the rate 10% of substantive pay and for grant of selection grade was dismissed by the tribunal vide impugned judgment dated 31-5-2000 hence this petition for leave appeal.

3. The petitioner, appearing in person argued that despite the raise in his pay scale the special pay of 10 granted to him by competent authority could not be withdrawn stopped he relied on the cases of Pakistan through the secretary ministry of finance v. Muhammad Himayatullah Farukhi (PLD 1969 SC 407) and chairman ,selection committee/principle, king Edward medical college Lahore and 2 other (1997 SCMR 15) in support of his contention ,The petitioner further submitted that there were no rules of service ,the relevant time governing of service of the teachers of the institutions for handicapped children therefore the service rules as applicable to various classes of therefore, the service rules as applicable to selection grade would apply in his case.

4. We have heard the petitioner at length. We find pay scales for the teachers in the school for the deaf dumb, blind, mentally retarded and physically handicapped were enhanced by the government of the Punjab by notification dated 1-4-1986. The petitioner and all other teachers possessing the qualification of Matric /F.A. with T.D. were placed in BS-14 as against existing BS-10. As stipulated in para.4 of the aforesaid notification the special pay sanctioned for the above categories of teachers was discontinued. The petitioner continued to draw his salary in accordance with revised pay scales. Therefore he could not be permitted to turn around, at the time of his superannuation to say that he was entitled to the emoluments in BS-14 was not subject to any condition attached thereto he even did not bother to implead the Finance department as a party to the proceeding. The petitioner was unable to shoe any rule or instructions of the government which entitled him to the great of selection grade he cannot take benefit of the service rules applicable to altogether different or categories of government servants of various other departments. The notification, dated 1-4-1986 was challenged by the petitioner in the year 1999-by filing as appeal before the tribunal therefore the tribunal was limitation also in view of section 4 of the Punjab service tribunals act 1974. The judgments relied on the petitioner are distinguishable on the facts of the present case. The impugned judgment of the tribunal does not suffer from any legal infirmity so as to call for any interference by this court this is not a fit case for grant of leave to appeal no question of law of public importance is involved.

5. For the foregoing reasons, we do find any merit in this petition and the same is dismissed accordingly. S.A.K./R-74/S Petition dismissed