1973 PLP 501 (SCMR)

SALALUDDIN AHMED, J.‑The petitioner Province has challenged the validity of the order of a learned Single Judge of the Lahore High Court allowing the respondents Constitution Petition and directing the Accountant‑General, Punjab to restore to her three advance increments and allow her all benefits accruing therefrom. The respondent was appointed as a School Teacher on the 17th of April 1958, in the scale of Rs. 120‑10‑200‑10‑300 and being a M.A., B.T. was given an initial salary of Rs. 170 p.m. I he sole question for consideration before the High Court was whether this higher starting salary was on account of advance increments or it was an initial starting salary. It appears from memorandum dated the 5th of December 1953, read with memorandum dated the 20th of August 1958, (vide Annexures `D' and `E) that the Government of West Pakistan was pleased to order "that for M.A., B.Ts., in service on 1‑1‑1950 rte minimum start be deemed to be Rs. 170 over which the advance increments should be calculated". On reference to Annexure `I' of the writ petition the learned Single Judge found that the respondent was appointed at the initial salary of Rs. 170 p.m. not by way of any advance increments. The annexure is an extract from Notification dated the 21st of December 1960, of Finance Department, Government of West Pakistan and it is as follows:‑ "Add following the schedule annexed to West Pakistan (Non‑Gazetted) Civil Services Pay Revision Rules, 1959, published with East Pakistan Finance Department No. P. D. I. (PR) 18‑16/59 (772) dated 30‑5‑59:‑ Education Department. SENIOR TEACHER. Trained teacher B.A., B.T. to start at Rs. 130 M.A. B.T. to start at Rs. 170." The learned Single Judge accordingly held that Note (2) attached to the Notification dated the 12th of October 1970, did not apply to the respondent. The Notification and Note (2) are as follows:‑ Sr. Designation Consolidated Revised Minimum No. of the post pay, scales consolidated Quali (ordinary pay scales fications. time scales) (ordinary time scales) 1 2 3 4 5 ________________________________________________________________________

4. Trained Gradu Rs. 220‑15‑ Rs. 300‑25‑ (i) B.A. B Sc. ates and 310‑15‑ 450‑30‑750 plus. equivalent. 400. (ii) B.T.B. Ed. or the one year Diploma in tech nical education. One advance increment for M.A. (at least 2nd Division). Two advance increments for M. Sc. (at least 2nd Division) and three advance increments for M. Ed. (Tech.) or M. A. in education in the ordinary time scale. Note (2) attached to the Notification is important and may also be quoted in extenso:‑ "The Government servants who have already received a higher starting pay or advance increments in the consolidated scale or an earlier scale on account of qualifications specified in this schedule shall not receive advance increments in the revised consolidated pay scale; provided that if the number of increments received by a Government servant in the consolidated scale or an earlier scale was lower than the number of advance increments mentioned in this Schedule, he shall be entitled to receive advance increments equal in number to the difference between the number of advance increments already received by him and the number admissible under the Schedule." The respondent was accordingly held entitled to three advance increments when she acquired the M. Ed., qualification in January 1970. We do not find fault with the view taken by the learned Single Judge. We are unable to accept the contention to the contrary advanced on behalf of the petitioner. The High Court was well within its jurisdiction to take the view it took. The petition is accordingly dismissed. Leave refused.