2008 PLP (C (PLC(CS))

ABDUL SATTAR KHAN (CHAIRMAN).

This appeal under section 4 of the N.-W.F.P. Service, Tribunals Act, 1974 has been filed by the appellant for the award of BPS-17 on higher qualification of Master Degree in Library Science.

2. The facts of the case according to the appellant are that she was appointed as Librarian on the recommendation of N.-W.F.P. Public Service Commission vide order dated 21-7-1991. That the appellant had obtained Master Degree in Library Science and has also more than 13 years service to her credit with good service record. That in the year 1995, 113 Librarians have been awarded BPS-17 on qualification of Master Degree in Library Science, but the same benefit has not been extended to the appellant. After exhausting her departmental remedy, the appellant has approached the Tribunal for the redressal of her grievances.

3. Notices were sent to the respondents. They turned up and contested the appeal by filing separate written replies. Various factual and legal pleas were raised. It was also inter alia alleged that the appellant has got no cause of action and that the appeal is time-barred. Respondents Nos.1 and 2 in their joint written reply averred that BS-17 was not granted to the appellant as per law and rules; that BS-17 was allowed to those, who work in colleges; that the appellant was working in higher secondary school, therefore, she was not entitled to the same benefit and that benefits given to those 113 Librarians who were working in colleges as per rules, whereas respondents No.3 in his written reply has mainly alleged that upto August 2, 1993 the DPEs and Librarians were allowed BPS-17 on higher qualification of Master Degrees. From August 3, 1993, the posts of Librarians & DPEs were categorized into junior BPS-16 for those possessing Bachelor Degrees and Senior BPS-17 for those possessing Master Degrees. There exists no policy in the F.D. for those Librarians/DPEs, who are demanding higher pay scale BPS-17 on higher qualification of Master Degree after August 3, 1993. No replication was filed in rebuttal by the appellant.

4. Arguments heard and record perused.

5. Learned counsel for the appellant mainly contended that the appellant acquired higher qualification of Master's Degree in Library Science in 1991 i.e. before the target date which is 4-8-93, therefore, she like her other colleagues is entitled to the award of BS-17 on the strength of the judgment of the august Supreme Court of Pakistan passed in C.Ps Nos.395-P to 398-P, 415-P to 419-P of 2001 decided on 24-9-2002. He next argued that the appellant was entitled to the award of BS-17 and that the department was bound to award the same on the basis of the judgment of the august Supreme Court reported as 1996 SCMR 1185, even if the appellant did not litigate. As such the denial/refusal of BS-17 to the appellant is unjust and calls for interference by the Tribunal.

6. In reply it was urged by the learned AGP that according to the existing policy of the Government, the appellant is not entitled to BPS-17 on attaining higher qualification as she is serving in the school, whereas BS-17 is allowed only to those librarians on acquiring of higher qualification, who are serving in the colleges.

7. The Tribunal holds that the claim of the appellant is bona fide, as she acquired the higher qualification of Master Degree in library science in 91 i.e. prior to 4-8-93 which is supported by para-6 of the written reply filed by the Finance Department which is reproduced below:

"Correct to the extent that upto August 2, 1993 the DPEs and" Librarians were allowed BPS-17 on higher qualification of Master Degrees. From August, 3, 1993 the posts of Librarians and DPEs were categorized into Junior BPS-16 for those possessing Bachelor Degrees and Senior BPS-17 for those possessing Master Degrees. There exists no policy in the F.D. for those Librarians/DPEs who are demanding higher pay scale BPS-17 on higher qualification of Master Degree after August 3, 1993." The plea of the Finance Department is based on the judgment of the august Supreme Court of Pakistan passed in the above referred two Civil Petitions. Accordingly, the appellant has made out a case for indulgence of the Tribunal. This appeal is, therefore; accepted and it is directed that the appellant should be allowed BS-17 on acquiring of higher qualification of Master Degree in Library Science, subject to verification of her degree.

8. This judgment shall also dispose of another connected appeal bearing No.513 of 2005 filed by Zeenat Yasmin appellant in the same manner involving common question of law and facts.

9. This order shall also dispose of Service Appeals Nos.186 and 222 of 2005 filed by Syed Qasim Hussain and Bashir Ahmad appellants respectively regarding withdrawal of two advance increments already allowed to them on the basis of higher qualification. There is no statutory rule/instruction according to which the appellants are entitled to advance increments on acquiring higher qualification of Master Degree(s). The Notification of the Finance Department dated 8th November, 2003 clearly lays down that DPEs are not entitled to advance increments on higher qualification of Master Degrees which has not been challenged. In view of the above, both the appellants failed to make out a case for indulgence, of the Tribunal. As such the appeals filed by both the appellants namely S. Qasim Hussain and Bashir Ahmad against withdrawal of advance increments awarded to them are hereby dismissed. No order as to costs. File be consigned to the record. H.B.T./2/N.-W.F.P. Order accordingly.