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Petitioner: DISTRICT COORDINATION OFFICER VS Respondent: ZAHEER ALAMHonorable Justice Mian Saqib NisarJawwad Hassan
[Supreme Court of Pakistan]
Present: Khilji Arif Hussain and Mian Saqib Nisar, JJ
DISTRICT COORDINATION OFFICER and others---Petitioners
Versus
ZAHEER ALAM and another---Respondents
Civil Petitions Nos.1956-L and 1957-L of 2010, decided on 24th June, 2011.
(Against the judgment, dated 21-7-2010 passed by Punjab Service Tribunal, Lahore in Appeals Nos.2085 of 2008 and 2836 of 2009).
Civil service---
----Increments on acquisition of higher qualification, grant of---Secondary School Teachers in Education Department---Refusal of department to give increments to such Teachers for not having got Master's Degree in discipline of Education---Service Tribunal accepted teachers' appeal--Validity---Notification dated 25-8-1983 showed that besides M.Ed., six advance increments would be available to those having improved their qualifications in "master's degree in any discipline"---Supreme Court refused to grant leave to appeal in circumstances.
Jawwad Hassan, Additional Advocate-General, Punjab and Nizar Ahmad, Law Officer, Education Department, Rawalpindi for Petitioners (in both cases).
Respondents in Person (in both cases).
Date of hearing: 24th June, 2011.
ORDER
MIAN SAQIB NISAR, J.---Having improved their educational qualifications thus claiming entitlement to the increments on that account, the respondents represented to the department, but they were declined. Aggrieved, the respondents filed appeals before the Tribunal, which have been accepted by the Service Tribunal through the impugned judgment.
2. It was argued by the learned Additional Advocate-General that the entitlement to the increments was only for having acquired higher qualification of M.A. in the discipline of Education, whereas the respondent-Zaheer Alam got master degree in Political Science and respondent-Qari Hassan Din did his M.A. in Arabic, thus a notice was issued to the respondents vide order dated 24-5-2011. Pursuant to the above order, the respondents have appeared and we, on examination of the notification regarding grant of increments, are not satisfied if those are restricted only to the master in education discipline, rather as per notification dated 25-8-1983, to which reference has been made, it is clear that besides the M.Ed. six advance increments shall also be available to those teachers, who have improved their qualifications in "master degree in any discipline". Therefore, in the light of the, above, we do not find any force in the submissions propounded by the learned Advocate-General calling for interference in the instant jurisdiction.
3. Resultantly, the noted petitions are dismissed and leave to appeal is declined.
S.A.K./D-8/SC Leave refused.