1994 PLP (C (PLC(CS))
MUHAMMAD QAVI KHAN Versus THE N.- W.F.P. GOVERNMENT and others
| Citation | 1994 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal N.W.F.P. |
| Bench Members | Qazi Hamid‑ud‑Din, Chairman and Taj Muhammad Khan, Member |
| Parties | MUHAMMAD QAVI KHAN Versus THE N.- W.F.P. GOVERNMENT and others |
| Primary Law | Civil service‑‑‑ |
Q1: What are the key laws and sections cited in 1994 PLP (C (PLC(CS))?
This judgment primarily cites: Civil service‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP (C (PLC(CS))?
The case was heard and decided by the Service Tribunal N.W.F.P. bench comprising: Qazi Hamid‑ud‑Din, Chairman and Taj Muhammad Khan, Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP (C (PLC(CS)) (MUHAMMAD QAVI KHAN Versus THE N.- W.F.P. GOVERNMENT and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Rafiq‑ud‑Din for Appellant.
- Muhammad Shafi, Government Pleader for Respondents.
- Date of hearing: 18th October, 1993.
Headnotes / Summary
‑‑‑‑Regularization of service‑‑‑Civil servant who had completed ten years service as S.E.T. Teacher in Education Department, had claimed that his qualification being B.Sc. M.A.C.T. his services should have been regularised against post of S.E.T: ‑Civil servant though was B.Sc. MA., C.T. but having not attained degree of B.Ed. which was prerequisite for post of S.E.T. his services could not be regularized against S.E.T. post.
Judgment & Decree
QAZI HAMID‑UD‑DIN (CHAIRMAN).‑‑This appeal has been filed by Muhammad Qavi Khan, against the order of Deputy District Education Officer. (Male) Secondary Swat (respondent No.4) under section 4 of the N.‑W.F.P. Service Tribunals Act, 1974. The appellant's prayer is that he may be awarded running pay in his own scale (S.E.T. Science BPS‑15) against BPS‑15 fixed.
2. The facts averred in the appeal are that the appellant was appointed as S.E.T. Teacher on 1‑10‑1983. The appellant has completed 10 years service as S.E.T. Teacher. The claim of the appellant is that his qualification is B.Sc., MA., C.T. but his services has not been regularized against the post of S.E.T. against which refusal the appellant preferred a departmental appeal which was rejected on 4‑3‑1993, hence the present appal.
3. The respondent department in their reply has raised the preliminary objections that the appeal is time‑barred, that the appellant has no locus standi and that the appellant is estopped to bring the present appeal. On factual side it has been stated that the appellant had joined the services as S.E.T. Teacher on 1‑10‑1983 on fixed pay but he seeks regularization against S.E.T. post, which requires the qualification of B.Sc./BA. B.Ed. Unless the appellant has acquired the required qualification, the services of the appellant cannot be regularized against the post of S.E.T. Arguments heard and record perused. 4.In this case the admitted facts are that the appellant has not obtained the Degree of B.Ed, which is prerequisite for the post of S.E.T., therefore, his services cannot be regularized against the S.E.T. post. However, since his appointment in Education Department the appellant is working as S.E.T. for the last 10 years, therefore, he is entitled to the graded pay from the date of his departmental appeal. The Tribunal while partially accepting the appeal directs that the appellant shall be allowed only the pay and scales of S.E.T. post from when he joined the Education Department and he shall also be paid the arrears in the said scale from the date of institution of his departmental appeal. The services of the appellant as S.E.T. cannot be regularized in the given circumstances. Parties are left to bear their own costs and the file be consigned to the record. H.B.T./175/Sr.N Order accordingly.