Speaking Order – Annual Increment to untrained Teacher who never regularized dt 30.11.2019
OFFICE MEMORANDUM
Subject: Annual Increment
FD.SR-V.21-16/19. AND WHEREAS Mr. Asghar Ali husband of Ms. Rashida (late) resident of Sangi, Tehsil & District Rahim Yar Khan filed Crl. Org No. 849/2019 in ICA.No.139/2018/BWP in the Hon’ble Lahore High Court, Bahawalpur Bench, Bahawalpur for grant of Annual Increments as Untrained Teacher from 18.01.1974 to 07.02.1994.
2. AND WHEREAS Crl.Org No. 849/2019 in ICA.No.139/2018/BWP came up for hearing before Mr. Justice Ali Baqar Najafi, Lahore High court, Lahore, on 01.10.2019 and was disposed of with the direction to the Finance Secretary to decide the application of the Petitioner in accordance with law and rules.
3. AND WHEREAS before deciding the issue it is expedient to firstly outline the crux of the matter in the context of relevant facts as available with regard to the rules /policy/instructions etc. as below:
- Ms. Rashida Begum (Late) wife of the Petitioner was appointed as Primary School Teacher (Untrained) on 18.01.1974 and she was retired from service after being declared invalidated for service by the M.S, DHQ, Rahim Yar Khan on 07.02.1994.
- She remained posted as an Untrained Teacher throughout her service.Â
- Govt. of the Punjab Finance Department issued an order No. FD.PC.10- 1/78(Pt. ii)367/16 dated 09.11.2016 in compliance of the judgment of Hon’ble Supreme Court of Pakistan in Civil Appeal Nos.398-L to 405- L/20140 for grant of Annual Increments to all Untrained Teachers for the period they remained posted as Untrained Teachers.
4. AND WHEREAS, the Petitioner was directed to attend the office of the undersigned on 03.12.2019 for Personal Hearing as per direction of the Hon’ble Lahore High Court, Bahawalpur Bench dated 17.06.2019. The Petitioner, however, did not turn up on the fix date.
5. AND NOW THEREFORE, in consideration of the policy of the Finance Department and in the light of Judgment of the Hon’ble Supreme Court of Pakistan dated 09.03.2016, the undersigned hereby disposes the application of the Petitioner as follows:
- Govt. of the Punjab vide letter No.FD.PC.10- 1/78(Pt. ii)367/16 dated 09.11.2016 allowed annual increments to all Untrained Teachers for the period they remained posted as untrained teachers.
- It is pertinent to mention that the Hon’ble Supreme Court of Pakistan in its judgment dated 09.03.2016 had entitled the Teachers to receive full Annual Increments for the whole period prior to their “Regularization”. However, in the instant case the Petitioner was never regularized and she was retired from Service on Medical grounds as Untrained Teacher. Hence, the late Ms. Rashida Begum is not entitled for Annual Increments during the period she remained posted as Untrained Teacher.
