Punjab Govt Decision against Educators Writ Petition 26022 Regarding Annual Increment 2009/ARA/Counting of Previous Service & Pay Protection

Govt of Punjab School Education Department vide order No. SO (SE-III) 7-473/2010 dated 19th July 2013 has given its decision on the petition No. 26022.

The main points of the petitioner’s petition are as under:

  1. The ARA drawn between 19-10-2009 and the date of issuance of orders of their regularization by the appointing authorities may not be recovered.
  2. Protection of Previous Pay
  3. Counting of Previous Service
  4. Grant of Annual Increment for the Year 2009

The committee constituted on the said matter gave the following recommendations:

  • The Adhoc Relief Allowance discontinued on their appointment on regular basis was later merged in the Revised Pay Scales 2011 and the petitioners were in receipt of benefit. However the amount of Adhoc Relief erroneously but in good faith drawn by then even after their regular appointment may not be recovered. Finance Department may be approached for appropriate orders to that effect.
  • The issue relating to inter se seniority of the petitioners stood resolved by Notification No. SO (SE-III) 2-16/2007 dated 19-10-2009 and later on even number dated 03-08-2010.
  •  The petitioners were not entitled to the annual increments for the year 2009 because at the relevant time (1st December 2009) they did not possess the requisite minimum regular service of 6 months. Any dispensation in their favour was discriminatory vis-à-vis a large number of other employees.
  • Govt of Baluchistan was an independent Provincial Govt and any policy decision taken by that Govt did not bind the Govt of Punjab. Similarly Punjab Workers Board was an autonomous body and paid salary and allowances from its own sources. Any decision of the board could not serve as precedent for the Govt Employees. The two precedent quoted by the petitioners were of no avail inter alia because any such award would be discriminatory vis-à-vis other Govt Employees similarly placed.
  • Any illegal dispensation by Higher Education and Health Department was also of no help to the petitioners because one legal wrong would not justify the perpetuation of the wrong. Finance Department must advise the Higher Education and Health Department to rectify the errors and revise the notification in accordance with law.

The Chief Secretary Punjab accordingly disposed of all the writ petitions referred to him by the Honourable Court in term of recommendations of the committee. Accordingly the case of the petitioners is also disposed of in terms of the committee.

 

Writ Petition 1

 

Writ Petition 2

 

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6 Comments

  1. shahid mehmood says:

    dear shumaila men ese educator oct2011 men regular huwa tha contract per social security allowance 1840rs milty they jo reguler honey k baad khatam ho jatey hen lakin ham nay regular honey k 2ssal bad gp fund active karwaya tha regular honay k baad b ag office haqmen social security alloawnce data raha ab ham ney gp fund active kar wawaya hay to ag office walae meri sallery say 2saal ka 36000rs intallament men kaat rhay hen kia yeh katna banta hay ya nahin.thanks

  2. shahid mehmood says:

    DEAR SHUMAILA PLS MERA MASLA HAL KAR DEN MEN 2009 MEN ESE EDUCATOR BHARTI HOWA THA OCTOBER2011 KO HAMEN REGULAT KAR DIYA GAYA CONTRACT PER HAMEN SOCIAL SECURITY ALLOWANCE MILTA THA LAKIN GALTI SAY REGULAR HONAY K 2SAAL BAAD TAK WO ALLOWANCE B HAM LITAY RHAY JAB HAM AG OFFICE GPFUND ACTIVE KARWANEY GAEY TO UNHON NAY KAHA REGULAR HONEY K BAAD APP SOCIAL SECURIYY ALLOWANCE NAHIN AY SAKTEY LEHAZA AAP US WQAT TAK GP FUND KI KATOTI NAHIN HO SAKTI JAB TAK AAP WO 2SAAL KA ALLOWANCE WAPIS NAHIN KARTY AB MEN 1SAAL SAY 11540RS PER MONTH KATWA RAHA HON OUR MERI AIK SAAL INCREAMENT UN NAY KHATAM KAR DI HAY OUR 1SAAL KI INCREAMENT KO PERSONAL ALLOWACE KA NAAM DEY DIA HAY KIA YEH SOCIAL SECURITY ALLOWANCE WAPIS KARNA BANTA HAY OUR KIA REGULER HONAY K BAAD 1IK INCREMENT KHATM HO GAI OR AIK KO PERSONAL ALLOWANCE KAR DIYA BASIC PAY MEN 2INREMENTS NHIN LAGI PLS MUSHWRA DEN

    • Dear Shahid before the regularization all the increments were converted into personal allowance. And after regularization u ll get the annual increments that will be added to ur basic pay.

  3. shahid says:

    Hum educators ke union soee huee hay punjab teacher union bhee kuch nai kar rhi..lahore high court ka faisala hay ya kya?

  4. Latif Ahmad says:

    Bohat zaulam hy Educators k sath hamari pay 4 say 9 thousand tk km kr di gai hy jis mulk ma teachers k sath ye salook kiya ja raha hy wo mulk kesay taraqi kr skta hy hamari 7 years ki service ko count nhi kiya giya officers ko pay protection diya giya hy teachers ko kuon nahi.

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