Clarification – Annual Increment to Untrained Teacher dt 17.02.2020
OFFICE MEMORANDUM
Subject: Annual Increment
I am directed to refer to your letter bearing No.SO(SE.III)/15-133/201 dated 31.12.2019 on the subject noted above.
2. The case has been examined. It is observed that judgment dated 09.03.2016 passed in Civil Appeals Nos. 398-L to 403-L/2010 by the Hon’ble Supreme Court of Pakistan was only for the grant of Annual Increments to untrained teachers for the whole period prior to their regularization.
PAKISTAN.
With reference to the subject cited above.
2. An advice regarding the subject matter was earlier sought from Regulations Wing, who vide letter No. SOR-III (S&GAD)Misc.2018(B) dated 04.12.2019 has advised the Finance Department for seeking advice (copy enclosed).
3. Brief facts of the case are as under: –
- Mr. Muhammad Maqsood Shah & 02 others filed Writ Petition No.38748/2019 in the Honourable Lahore High Court, Lahore with the prayer that ancillary privileges awarded by the Honourable Supreme Court of Pakistan in judgment dated 09.03.2016 in case of the petitioners be awarded to them & judgment of Supreme Court of Pakistan dated 09.03.2016 may be implemented in true spirit (Annex-A).
- The aforementioned writ petition was disposed of vide order dated 25.06.2019 (Annex-B) as under:-
“…The request being tenable, learned Law Officer concurs with the same. Consequently, this petition is disposed of with the direction to the said respondent (CEO (DEA), Mandi Baha- ud-Din) to ensure decision of the aforesaid appeals of the petitioners by himself or through any other authority competent in that regard, in accordance with law, relevant rules, policies applicable thereto after hearing the petitioner through a speaking order according to section 24-A of the General Clauses Act, 1897 expeditiously under intimation to this Court through Deputy Registrar (Judl.). Learned Law officers shall ensure the compliance of this order…”
It is submitted that earlier Civil Appeals Nos 398-L to 403-L/2010 filed by teachers were decided vide judgment dated 09.03.2016 by the apex Court of Pakistan as under:-
4. “…From the above provision it is definite that when a civil servant appointed to a post is entitled to the pay sanctioned for such post then obviously HE WOULD ALSO BE ENTITLED TO THE ANCILLARY PRIVILEGES OF SUCH PAY. As such it has been held that when their salaries which they have received prior to their regularization / confirmation were in accordance with law then they are entitled also to the annual increment on the basis of the same no distinction can be drawn between the Untrained and Trained Teachers, so the findings of the Tribunal by allowing the Teachers to full annual increment for a period of first two years from the date of their original appointment till their regularization/confirmation and restricting them only 1⁄2 of the increment for rest of their services would not be just and fair and does not meet the ends of justice.
In the light of the above discussion, Civil Appeals No.398-L to 403-L/2010, filed by the Teachers, are allowed entitling then to receive full annual increments for the whole period prior to the regularization whereas Civil Appeals No.404-L, 405-L/2010, 179-L to 123-L, 231-L, 424-L, 425/L 2011 and 17 to 23/2012, filed by Department, are dismissed. All the listed C.M. As are also disposed of…”
Accordingly, the School Education Department after approval of the Finance Department vide letter No. SO(SE-III)Misc./2016 dated 09.11.2016 (Annex-C) accorded sanction for grant of annual increments to all untrained teachers for the period they remained posted as untrained teachers. Now, the petitioners have filed instant writ petitions with the prayer to consider them eligible for ANCILLARY PRIVILEGES also such as seniority, pensions etc.
It is now requested to tender an advice whether the judgment dated 09.03.2016 of august Supreme Court of Pakistan was only for the payment of annual increments for untrained period or it also made them eligible for the ancillary privileges such as seniority, pensions etc.
