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Petitioner: ABDUL RAUF KHAN, EST, GOVERNMENT COMPREHENSIVE HIGH SCHOOL, MULTAN VS Respondent: EXECUTIVE DISTRICT OFFICER (EDUCATION), MULTANHonorable Justice Muhammad AfzalAppellant in person.,Rana Muhammad Yasin
2005 P L C (C
2005 P L C (C.S) 1298
[Punjab Service Tribunal]
Before Muhammad Afzal, Member-I
ABDUL RAUF KHAN, EST, GOVERNMENT COMPREHENSIVE HIGH SCHOOL, MULTAN
Versus
EXECUTIVE DISTRICT OFFICER (EDUCATION), MULTAN and 2 others
Appeal No.2223 of 2004, decided on 3rd May, 2005.
Punjab Service Tribunals Act (IX of 1974)---
----S. 4---Award of S.S.T. Grade---Appeal to Service Tribunal---Appellant in his appeal had impugned order vide which he was not awarded S.S.T. Grade, whereas his junior was allowed the said grade---If an E.S.T. had joined earlier, compared with other E.S.T. and that both E.S.Ts. also obtained qualification of B.Ed., which was pre-requisite for S.S.T. Grade, the one who had joined earlier, would not be deprived of S.S.T. Grade on ground that he had acquired B.Ed. qualification on a later date---One who had acquired B.Ed. qualification in earlier batch could not be given preference over the one who had acquired qualification in later batch as no rule existed for such preference---Appellant who had joined earlier to respondent would be considered for grant of S.S.T. Grade in accordance with his basic seniority and the fact that he had acquired qualification of B.Ed. on later date, would not deprive him of S.S.T. Grade on a date when vacancy was available---Appellant, held was eligible on basis of his B.Ed. qualification, but he was bypassed.
Appellant in person.
Rana Muhammad Yasin, District Attorney for other Respondents.
Muhammad Nishat, Assistant, on behalf for Respondent No.1.
Date of hearing: 3rd May, 2005.
JUDGMENT
Appellant impugns the order dated 8-11-2002 vide which he was not awarded the SST grade and instead, according to him, junior/respondent No.3 Rana Dilshad Ali was allowed SST Grade. Appellant has filed this appeal, after having exhausted departmental remedy.
2. Appellant is present in person. Appellant states at the very beginning that law is now settled that if an EST had joined earlier compared with another EST and that both ESTs also obtained the qualification of B.Ed, which is pre-requisite for SST grade, the one who B had joined earlier, shall not be deprived of SST grade on the ground that he acquired the B.Ed. qualification on a later date. Appellant has in that connection relied on, inter alia, on judgment dated 23-12-1997 of the apex Court in C.P.L.As. Nos.491, 504 to 510/97. It is stated that this case-law was relied upon by PST in the judgment dated 16-2-2004 in Appeal No.2631 of 2003.
3. Appeal is opposed by the respondents including private respondent in routine mainly on the ground that seniority of ESTs for the purpose of grant of SST grade had to be considered for promotion on the date of acquiring of B.Ed. qualification. It is maintained that as the appellant had acquired this qualification later compared with respondent No.3, the appellant could not be considered for grant of SST grade from the date the same was allowed in the case of respondent No.3.
4. I have considered contentions from both sides and also perused the judgment of the Hon'ble Supreme Court of Pakistan on the same subject. As per judgment dated 23-12-1997 of the apex Court, the one who acquired B.Ed. qualification in earlier batch could not be given preference over the one who had acquired the qualification in later batch as there was no such rule for this preference. Present appeal is, therefore, disposed of in terms of the judgment dated 23-12-1997 of the Hon'ble Supreme Court of Pakistan in C.P.L.As. Nos.491, 504 to 510 of 1997 and also the judgment dated 16-2-2004 of this Tribunal inAppeal No.2631/2003 and it is directed that the appellant shall be considered for grant of SST grade in accordance with his basic seniority and the fact that the acquired the qualification of B.Ed. on later date, shall not deprive him of SST grade on a date when vacancy was available, the appellant was eligible on the basis of his B.Ed. qualification, but he was bypassed.
H.B.T./45/PST Order accordingly.