Speaking Order – Premature Increment on Appointment in higher Scale – SST dt 25.04.2009
OFFICE MEMORANDUM
Subject: Premature Increment
FD.PC.40-6/2007. WHEREAS M/S M. Younas Nadeem and 9 other Secondary School Teachers of Education Department had filed Writ Petition No.3220 of 2007 in the Honorable Lahore High Court, Lahore. They were appointed as SST in BS-16 against 50% quota reserved for in-service teachers
i.e. from EST/PTC etc. Their pay was fixed on their appointment under the mode prescribed for pay fixation on initial recruitment. They have requested through Writ Petition No.3220/2007 for fixation of pay prescribed for promotion as well as for annual increment in previous case and then re-fixation in BPS-16 according to dictum laid down by Supreme Court of Pakistan in CPLA No.547/2000 titled Zaka Ullah Khan VS DPI (SE) Punjab.
2. WHEREAS the case was fixed for hearing on 09.04.2008 in the Lahore High Court, Lahore and the petition was remanded to the Finance Secretary with the observation that: –
“If the claim of the petitioners is the same as was resolved by the Apex Court in petitioner’s colleague’s case, then the petitioners be granted the same relief without involving them in further litigation.”
3. WHEREAS as per method of recruitment originally prescribed in the Punjab Education Department (School Education) Recruitment Rules 1987, the post of Secondary School Teacher was required to be filled in 100% by initial recruitment. Subsequently, amendment was made in the service rules on 27.07.1991 according to which the post of SST was to be filled in as under: –
“By initial recruitment, provided that 50% post shall be filled from amongst in-service teachers possessing prescribed qualifications for initial recruitment for the post of Secondary School Teacher”
4. AND the rules ibid were further amended on 24.12.2008 according to which the post of Secondary School Teacher is to be filled as under: –
(i) 50% of the post shall be filled in by initial recruitment provided further that: –
(a) 75% from amongst the science graduates (having the B.Sc qualification with three elective subjects out of
(A) Mathematics (B) Physics, Chemistry, Botany & Zoology).
25% from amongst graduates in Arts subjects.
(ii) 50% posts shall be filled in by promotion from amongst Elementary School Teachers (General, Technical, Agri, Vernacular Arabic, Oriental, Drawing, Physical Education, English) having prescribed qualification as mentioned in column No.6 on the basis of length of service from the date of regular appointment in the respective District, provided further that: –
(a) 75% of the posts shall be allocated for teachers in Arts subject.
(b) 25% of the posts shall be allocated Science Graduates (having prescribed qualifications).
5. AND the petitioners, in pursuance of the orders of Honourable Lahore High Court, Lahore dated 09.04.2008 passed in Writ Petition No.3220 of 2007, and Supreme Court of Pakistan in CPLA No.547 of 2000 titled Zaka Ullah Khan VS DPI (SE) Punjab, were afforded Personal Hearing by the undersigned on 23.02.2009. During the course of hearing, the petitioners explained their cases relying on the analogy of the case of Mr. Zaka Ullah in their favour.
6. NOW, THEREFORE, keeping in view the amendment made in the Service Rules on 27.07.1991 according to which the post of Secondary School Teachers was to be filled from amongst in-service teachers possessing prescribed qualification for initial recruitment for the posts of Secondary School Teacher, I, TARIQ MAHMOOD PASHA, Secretary to Government of the Punjab, Finance Department, hereby dispose of the matter of the petitioners with the observation that the benefit of premature increment / re-fixation of pay may be extended from the date of appointment as Secondary School Teacher only to those petitioners whose cases are at par with Mr. Zaka Ullah and they are appointed on or after 27.07.1991, the date when service rules were amended and the post of Secondary School Teacher was notified to be filled in 50% from in-service teachers.
