2009 PLP (C (PLC(CS))

SYED SHAHEEN MASUD RIZVI, J.

Through this writ petition, the petitioner has challenged order, dated 13-7-2005, issued by respondent No.3, whereby she had been awarded regular BPS-9 with immediate effect instead of from the date of regularization. Grievance of the petitioner is .that she was entitled to the grant of said scale w.e.f. 15-1-1991, on which date, her service was regularized as an Arabic Teacher in the Education Department and running Scale No.9 was granted to her.

2. Facts in brief are that the petitioner was appointed as Arabic Teacher in Government Girls Middle School Canal Colony, Layyah on 15-2-1990. Her service was regularized from the date of her joining in BPS No.9 vide order, dated 15-1-1991 (Annexure "C"). On .an audit objection, the petitioner along with others were terminated from service vide order, dated 28-4-1993 (Annexure "E") as it was observed that she and other teachers had not possessed the required qualification. Petitioner and other affectees preferred an appeal before Director, Education (E.E.) D.G. Khan Division. Out of aggrieved Arabic Teachers, three had assailed their termination order through Writ Petition No.1936 of 1993, also which was disposed of on 19-1-2003, with the direction to the Director Education (E.E.), D.G. Khan Division, to dispose of appeal of the petitioners and others within a month's time. It was further directed by this Court that until the appeals of the petitioners are disposed of, status quo shall be maintained in respect of their service and as such the petitioners and others continued in service and termination order was not given affect. Thereafter Director, Education (E.E.) D.G. Khan vide notification, dated 19-9-2000 set aside the order of District Education Officer (W) Layyah, dated 6-8-1992 and teachers mentioned in the said order who were already working in the light of stay order of this Court were allowed to continue their service according to the terms and conditions laid down by the appointing authority. The petitioner also filed service appeal (Annexure "M") before Punjab Service Tribunal wherein she had alleged that other Arabic Teachers have been awarded BPS-9 while she is being ignored. In this regard, learned Member, Punjab Service Tribunal vide his order, dated 2-5-2005, directed the Executive District Officer (Education) Layyah, and District Education Officer (W), respondent No.3 to award BPS-9 to the appellant within a period of one month, therefore the petitioner was awarded Basic Scale No.9 regular basis w.e.f. order, dated 13-7-2005 Annexure "P" which is assailed in the instant writ petition and for ready reference the relevant part is reproduced as under:-- "Consequent upon the judgment by the Honourable Punjab Service Tribunal, Lahore, dated 2-5-2005 and the direction issued by the Executive District Officer (Education), Layyah No.3584, dated 29-6-2005/1/-7-2005, after the verification of document/Deeni Asnads by the concerned Deeni Madris and after the settlement of advance para. by the Special Departmental Accounts Committee during Meeting held on 25-9-2004 conveyed by the Government of the Punjab, Higher Education Department, Lahore vide No.PO(HE)5-52/2001(P.II), dated 26-10-2004 the following two ladies Arabic Teachers are hereby awarded BS-9 regular grade with immediate effect."

3. Heard and record perused.

4. Perusal of record reveals that the petitioner was granted regular Scale No.9 in view of judgment of Punjab Service Tribunal and direction issued by Executive District Officer, Layyah dated 29-6-2005. The grievance of the petitioner is that she should have been awarded Pay Scale No.9 w.e.f. 15-1-1991 and not with immediate effect as reflected in the above impugned order seems to be correct. When this order is read in conjunction with order, dated 19-3-2000 (Annexure "H") whereby appeal of the petitioners and others was decided which was to the effect that notification dated 6-8-1992 was not applicable retrospectively and therefore, words used in the said order was that "they are hereby allowed to continue their service according to terms and conditions laid down by the appointing authority" and as they continued to perform their duties under the injunctive order of this Court dated 19-1-2000, therefore, it was right of the petitioner that she should have been granted regular Pay Scale No.9 from 15-1-1991, when her service was regularized and she was then granted Basic Scale No.9. In this view of matter, as per service record of the petitioner, she is entitled to the relief as prayed. The comments filed by Deputy District Education Officer (W) and District Education Officer (W) (EE), respondents Nos.3 and 4 have failed to give any valid reason and reply as to why BPS No.9 was refused to the petitioner from the date of 15-1-1991.

5. For what has been discussed above, this petition is accepted and the petitioner is held to be entitled Basic Scale No.9 from the date of her regularization as Arabic Teacher. As far the prayer of the petitioner for her promotion is concerned, the same cannot be allowed through this writ petition, therefore, she may move to the competent forum if she desires or is advised. H.B.T./Z-9/L Petition accepted.