2005 PLP (C (PLC(CS))
ABDUL RAUF KHAN, EST, GOVERNMENT COMPREHENSIVE HIGH SCHOOL, MULTAN Versus EXECUTIVE DISTRICT OFFICER (EDUCATION), MULTAN and 2 others
| Citation | 2005 PLP (C (PLC(CS)) |
| Forum / Court | Punjab Service Tribunal |
| Bench Members | Muhammad Afzal, Member-I |
| Parties | ABDUL RAUF KHAN, EST, GOVERNMENT COMPREHENSIVE HIGH SCHOOL, MULTAN Versus EXECUTIVE DISTRICT OFFICER (EDUCATION), MULTAN and 2 others |
| Primary Law | Punjab Service Tribunals Act (IX of 1974) |
Q1: What are the key laws and sections cited in 2005 PLP (C (PLC(CS))?
This judgment primarily cites: Punjab Service Tribunals Act (IX of 1974) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP (C (PLC(CS))?
The case was heard and decided by the Punjab Service Tribunal bench comprising: Muhammad Afzal, Member-I.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP (C (PLC(CS)) (ABDUL RAUF KHAN, EST, GOVERNMENT COMPREHENSIVE HIGH SCHOOL, MULTAN Versus EXECUTIVE DISTRICT OFFICER (EDUCATION), MULTAN and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Nishat, Assistant, on behalf for Respondent No.1.
- Date of hearing: 3rd May, 2005.
Headnotes / Summary
S. 4
Appellant in his appeal had impugned order vide which he was not awarded S.S.T. Grade, whereas his junior was allowed the said grade
If an E.S.T. had joined earlier, compared with other E.S.T. and that both E.S.Ts. also obtained qualification of B.Ed., which was pre-requisite for S.S.T. Grade, the one who had joined earlier, would not be deprived of S.S.T. Grade on ground that he had acquired B.Ed. qualification on a later date
One who had acquired B.Ed. qualification in earlier batch could not be given preference over the one who had acquired qualification in later batch as no rule existed for such preference
Appellant who had joined earlier to respondent would be considered for grant of S.S.T. Grade in accordance with his basic seniority and the fact that he had acquired qualification of B.Ed. on later date, would not deprive him of S.S.T. Grade on a date when vacancy was available
Appellant, held was eligible on basis of his B.Ed. qualification, but he was bypassed. Appellant in person. Rana Muhammad Yasin, District Attorney for other Respondents.
Judgment & Decree
Appellant impugns the order dated 8-11-2002 vide which he was not awarded the SST grade and instead, according to him, junior/respondent No.3 Rana Dilshad Ali was allowed SST Grade. Appellant has filed this appeal, after having exhausted departmental remedy.
2. Appellant is present in person. Appellant states at the very beginning that law is now settled that if an EST had joined earlier compared with another EST and that both ESTs also obtained the qualification of B.Ed, which is pre-requisite for SST grade, the one who B had joined earlier, shall not be deprived of SST grade on the ground that he acquired the B.Ed. qualification on a later date. Appellant has in that connection relied on, inter alia, on judgment dated 23-12-1997 of the apex Court in C.P.L.As. Nos.491, 504 to 510/97. It is stated that this case-law was relied upon by PST in the judgment dated 16-2-2004 in Appeal No.2631 of 2003.
3. Appeal is opposed by the respondents including private respondent in routine mainly on the ground that seniority of ESTs for the purpose of grant of SST grade had to be considered for promotion on the date of acquiring of B.Ed. qualification. It is maintained that as the appellant had acquired this qualification later compared with respondent No.3, the appellant could not be considered for grant of SST grade from the date the same was allowed in the case of respondent No.3.
4. I have considered contentions from both sides and also perused the judgment of the Hon'ble Supreme Court of Pakistan on the same subject. As per judgment dated 23-12-1997 of the apex Court, the one who acquired B.Ed. qualification in earlier batch could not be given preference over the one who had acquired the qualification in later batch as there was no such rule for this preference. Present appeal is, therefore, disposed of in terms of the judgment dated 23-12-1997 of the Hon'ble Supreme Court of Pakistan in C.P.L.As. Nos.491, 504 to 510 of 1997 and also the judgment dated 16-2-2004 of this Tribunal inAppeal No.2631/2003 and it is directed that the appellant shall be considered for grant of SST grade in accordance with his basic seniority and the fact that the acquired the qualification of B.Ed. on later date, shall not deprive him of SST grade on a date when vacancy was available, the appellant was eligible on the basis of his B.Ed. qualification, but he was bypassed. H.B.T./45/PST Order accordingly.