1999 PLP (C (PLC(CS))

Manzoor Hussain Bhatti, D.A. for Respondents. The appellant is working as Assistant Agriculture Engineer (BS‑17) since 1972. On 6‑12‑1975, the Government of Punjab Finance Department issued a circular to the effect that five (5) advance increments would be admissible to the incumbents of the following posts in NPS‑17 with effect from 1‑7‑1975 subject to the conditions that the pay in each case, inclusive of these increments would not exceed the maximum of their existing pay scale:‑‑ (1) NPS‑17 posts of Engineers, the prescribed minimum qualification for which is graduation in any branch of Engineering. (2) NPS‑17 posts for which the basic qualification is the Master Degree, The letter include Physics, Chemistry, Botany, Biology, Geology, Stonomy and Pateonelogy. (3) NPS‑17 posts of Lecturers in Colleges." The learned counsel contends that the case of the appellant is covered under sub para. 1 above, as he was holding the post of Engineer in NPS‑17 and the prescribed minimum qualification for the post is Graduation in any branch of Engineering. The qualification of the appellant is B.Sc. Agriculture with two years Diploma in Agricultural Engineering. But the qualification of the appellant is irrelevant to the prescribed conditions for the grant of five (5) advance increments as stated at sub para 1 above. The learned counsel further contends that another colleague of the appellant namely Muhammad Rafique Malik who was working as Assistant Agriculture Engineer came to this Tribunal in appeal No. 706/90 for redress of his grievance. The Tribunal rejected his appeal. He went to the Supreme Court of Pakistan and the Hon'ble Supreme Court allowed his appeal as reported in 1995 S C M R (Page 819) and held that the appellant is entitled to five (5) advance increments in terms of notification of Finance Department dated 6‑12‑1975". Subsequently, the Department allowed him five (5) increments as a consequence of judgment of the Hon'ble Supreme Court on the Civil Appeal No. 513‑1992. In another case reported in 1996 SCMR (page 1185) the Hon'ble Supreme Court‑‑effect. "If the Service Tribunal or Supreme Court decides a power of law relating to the terms of service of a civil servant which covers not only the case of civil servant who litigated, but also of other civil servants, who may not have taken, any legal proceedings, in such a case, the dictates and rule of good governance demand that the benefit of such judgment by Service Tribunal/Supreme Court be extended to other civil servants, who may not be parties to the litigation instead of compelling them to approach the Service Tribunal or any other forum. " In view of the decision of the Hon'ble Supreme Court of Pakistan as reproduced above and the fact that Mr. Muhammad Rafique Malik was only Matric with two(2) years diploma in Mechanical Engineering and who was junior to the appellant, whereas the appellant is B.Sc. Agriculture with two (2) years diploma in Agricultural Engineering and is better qualified for the posts, the appeal is allowed. The impugned order dated 9‑7‑1996 rejecting his appeal against non grant of five (5) advance, increments is set aside. The Department may finalise this case within a period of two months. The appeal is disposed of as above. H.B.T./537/ST/P. Appeal allowed.