1998 PLP (C (PLC(CS))

The appellants M/s. Abdul Ahad, Muhammad Aziz, Maqsood-ul- Hassan Gohar and Syed Mohsan Ali Naqvi, Oriental Teachers of various Government High Schools at Lahore assailed, through the instant appeal, the advice/decision of the Finance Department contained in their U.O. Letter No. FD (PC)19-5/77 (Pt.IV), dated 18-10-1994 (Annexure C/1 - page 15) whereby the said department (i.e. respondent No. 1) had regretted their inability to grant Selection Grade to BS-17 to the Oriental Teachers on the ground that BS-15 only had been allowed to such teachers on acquiring higher academic qualification of B.A. in N.-W.F.P. while the pay scales of the Teachers (i.e. the appellants) in Punjab were equivalent to those allowed by Azad Jammu and Kashmir Government. The above decision was statedly taken in the light of the observations made in the meeting of the Additional Finance Secretaries held on 21/22-10-1992.

2. The background of the case is that the Government of Sindh allowed NPS-14 to the School Teachers in Deenyat by equating them with other school teachers vide Sindh Finance Department's letter, dated 10-10-1979 (referred to in Finance Department Sindh letter, dated 3-7-1986 at Annexure B). The Oriental Teachers were also subsequently allowed NPS-14 without selection grade vide letter dated 8-1-1983. In B.P.S. Scheme, 1983, the Sindh Govt. allowed BPS-15 with Selection Grade in BPS-17 to all other teachers possessing qualification of B.A./B.Sc./B.Ed. as' also P.T. is of High/Comprehensive High Schools possessing the qualification of B.A with Senior Diploma in Physical Education. Oriental/Deenyat and other School Teachers were not initially mentioned in Pay Revision Scheme of 1983 of Sindh Government. The said Government considered the question of grant of higher scale to Islamyat/Deenyat Teachers who were in BPS-14 on 30-6-1983 and allowed BPS-15 without Selection Grade (BPS-17) with effect from 1-7-1983 vide their letter dated 3-7-1986 (Annexure B, page 11/12). The Selection Grade in BS-17 equal to 33% of the posts was eventually allowed with effect from 1-7-1991 vide Sindh Government's letter, dated 1-7-1991.

3. In contrast with the above steps taken by the Government of Sindh to ameliorate the lot of the Oriental/Deenyat and Islamyat teachers, the position in the Punjab rather portrays a dark picture of the interest taken by the Government in the welfare of the appellants. They were kept in BS-9 with Selection Grade in BS-12 till the year 1989 and were allowed BPS-15 without Selection Grade with immediate effect vide Punjab Finance Department's letter, dated 3-6-1989. In contrast with it, Deenyat/Islamyat teachers were allowed BPS-14 on 18-10-1979, were brought on to BS-15 from 1-7-1983 and were eventually allowed Selection Grade Of BS-17 equal to 33 % of posts with effect from 1-7-1991 by the Government of Sindh.

4. The mainstay of the appellants is that they were discriminated against as similar employees in Sindh Government were allowed the aforesaid scale/selection grade. The comparative position highlighted in the preceding paragraph confirms the contention of the appellants. The impugned order dated 18-10-1994 refers to Azad Jammu and Kashmir but surprisingly does not make any reference to the benevolence shown by the Government of the Sindh Finance Department whose decisions show that pragmatism was the key note prompting such decisions. The decision taken by the Punjab Finance Department suffers from iniquitous treatment shown by them to the Oriental/Islamyat/Deenyat teachers vis-a-vis other teachers in Punjab. The present instance shows how negative thinking pervades the bureaucratic decisions. The Inter-Provincial Anomalies Committee failed to avail this occasion to remove the anomaly as the matter came before it. I am afraid Punjab Finance Department is dragging its feet far behind it counterpart in the Sindh Government. It allowed BS-15 to the appellants 6 years later and it is nowhere near the truth pronounced by the Sindh Government when it placed 33 % of posts of such teachers in 1991. The respondent No. 1 has dominated the appellants and the class of such teachers for the last five years. That should be enough.

5. I have also taken note of yet another instance of iniquitous treatment of Arabic teachers. They have been equated with Elementary School Teachers and allowed BS-14 with 1/3rd posts in Selection Grade (BS-15) like E.S.Ts. although they should have been compared with Secondary School Teachers teaching other subjects. Is it conceivable that the Education Department will get suitable teachers possessing B.A./B.Sc. Degree in II Division with Trained Fazil Degree with 5 years teaching experience or an M.A. in Arabic for a post in BS-14 (destined) to wait for years for the Selection Grade in BS-15)? Pragmatism appears to have deluded us.

6. I have heard the learned counsel for the appellant who referred to the package granted by the Sindh Government. The Learned District Attorney has, however, relied on the objections filed by the respondent No.1 (i.e Finance Department). The said respondent has contended that the Oriental Teachers in Punjab were in a better position than those of their counterparts, that the post of O.T. were upgraded to BPS-15 with clear understanding that Selection Grade would not be given; that if the analogy of lesser pay scale prevailing in other Provinces was not applicable, how could that of Sindh Government be drawn in favour of the appellants; that the pay scale, in Punjab were lower with reference to the basic qualification of Honours in the relevant oriental subject while pay scale in Sindh was, even earlier higher than that allowed to the Punjab Government employees.

7. Be that as it may, the poor treatment of teachers in N.-W.F.P, Balochistan or in Azad Jammu and Kashmir does not justify similar maltreatment in Punjab. Punjab is the biggest Province, rich in men and material. It must set example as everyone else amongst the Provinces looks towards Punjab for guidance. It should have brought its pay structure at par with the Government of Sindh. Other Governments might then have chosen to follow suit within, of course, their means which could be supplemented by the Federal Government as well. Denial to the appellants of what was due to them could hardly be justified particularly when B.A. with Honours Degree in Oriental languages cannot in any case be down-rated compared with the degree of B.A. or B.Sc. obtained otherwise. Such an assumption is linked more with our colonial psyche than a real analysis of the comparative value of academic degrees.

8. In view of the foregoing, I accept the appeal, set aside the impugned order and direct that the appellants be allowed Selection Grade of BS-17 to the extent of 33% of the total number of posts of O.Ts./Deenyat and Islamyat Teachers in BS-15 with effect from the date similar benefit was extended to their counterparts working in the High Schools under the Government of Sindh i.e. with effect from 1-7-1991 with all .the back benefits.

9. The parties are left to bear their own costs H.B.T./528/Sr.P Appeal accepted