1997 PLP (C (PLC(CS))

SALEEM AKHTAR, J.‑‑‑This order will dispose of all the petitions as common questions of law and facts are involved therein.

2. The petitioners in all the petitions were appointed as Physical Training Instructors (PTI) in BPS‑15 and were posted in different schools. By Notification No. F.1(2)/R.I./91‑762, dated 18‑7‑1991, the Finance Division` conveyed the sanction of the upgradation inter alia of the post of BPS‑16 with effect from 1‑6‑1991. The petitioners being Physical Training Instructors (PTI) were not included in the list of the upgraded posts of teachers. Thereafter in August 1991 by virtue of Notification No.F‑90/91(SA) FME all the existing Trained Graduate/Untrained Graduate Te4chers, i.e. B.A./B.Sc. B.Ed. working in B‑15 in Federal Government Educational Institutions, Islamabad/Federal Area were placed in B‑16 with effect from up gradation of posts i.e. 1‑6‑1991. By office, order dated 12‑4‑1991 revised pay scales of untrained graduate teachers whose posts were upgraded, were notified. Again by office order dated 17‑3‑1992 the incumbents of the posts of untrained graduate teachers including Technical/Village Workshop Instructors already in B‑15 were placed in revised. B‑16 with effect from 1‑6‑1991. The petitioners, who are graduates and some of them have even successfully obtained M.A. degree, were not upgraded from B‑15 to B‑16 and their representations having been rejected on 9‑2‑1995 they filed appeals before the Service Tribunal, which were also dismissed. The petitioners had prayed that the order dated 9‑2‑1995 be set aside and a direction be issued to the respondents that no discrimination may be done between the PTI (Senior) and Trained Graduate Teachers (TGTs) and the petitioners, who are PTI (Senior) be upgraded and placed in B‑16 with effect from 1‑6‑1991 with all consequential benefits. The Tribunal dismissed the appeals holding that it has no jurisdiction to issue any direction to the Government to upgrade their posts as this power is vested with the Government and the Tribunal cannot enter into this exercise.

3. Mr Fazal Ellahi Siddiqi, the learned counsel for the petitioners contended that Physical Training is a subject in schools and colleges which is being taught by the petitioners and they all fall within the category of teachers. He further contended that untrained graduate teachers including technical/village workshop instructor in B‑15 have ‑been upgraded to B‑16 and there is no reason to discriminate the petitioners and exclude them from the category of the teachers or to refuse to give the same benefits which have I been given to other teachers. The question, therefore, that falls for consideration is whether the petitioners could be discriminated from untrained graduate teachers/village workshop instructors who are not equal to them but are lower in category or at par with them. From the record there does not seem to be any reason advanced by the respondents to justify the refusal to grant upgradation to the petitioners. If other teachers including village workshop instructors have been upgraded, why the petitioners should be deprived of this benefit. Leave is granted. A. A./A‑1411/S Leave granted.