KP Accountant General is doing against the dictum of the Supreme Court Judgment and KP Finance Department

Misunderstanding/Misconstruction of Notification dated 11-8-1991 of the Finance Department Khyber Pakhtunkhwa as well as of the Supreme Court Judgment CPLA No 525 & 526 of 2007 regarding the Advance Increments to the Teachers.

                        I was extremely astonished on reading your reply in Appeal No. 523/2010 submitted before the Khyber Pakhtunkhwa Service Tribunal Peshawar in my case.

(1)        According to the reply a meeting was held on 4-3-2010 under the chairmanship of the Secretary of Education and the case was referred to Finance Department for want of clarification regarding Advance Increments admissible on acquiring higher qualification in the light of policies i.e. Pay Revision 1983 and 1991.

(2)        You held the meeting at a time when the Supreme Court of Pakistan had given Judgment on this issue in the year 2007 in favour of the Teachers. Then the Secretary of Finance challenged the Judgment and sought the review of the Judgment but lost the case on 29-1-2008.

(3)        What was your legal position in going beyond the dictum of both the judgments? Whether you are higher authority in the Country than the Supreme Court of Pakistan by subjecting an issue to discussion/comments on which the Apex Court has already given Judgment years ago? Whether you wish to bring the same issue once again under trial which you cannot under the law?

(4)        The figures regarding the Advance Increments in the Notification dated 11-8-1991 in the chart under each qualification are so clear that even a layman would face no difficulty in comprehending the meaning of the substance. In addition, was there any necessity of delaying the payment of the amount of the Advance Increments when the Judgment of the Supreme Court was in the hands of each one? You can delay the payment illegally but cannot deny the number of increments given in the Notification and endorsed by the Judgment.

(5)        I want to invite your attention to the letter of the Government of Khyber Pakhtunkhwa Finance Department (Regulation Wing) NO. FD (SR-I) 2-123/2010 Dated Peshawar the: 29-04-2010 which reads as “I am directed to refer to this Department letter of even number dated 03-01-2009 on the subject cited above and to state that it has been observed by the Finance Department that despite the discontinuation of the Scheme of Advance Increments under Revision of Basic Pay Scales and Fringe Benefits of Civil Employees (BPS-1-22) notified vide this department letter No. FD (PRC) 1-1/2001, dated 27-10-2001, the requests are still pouring in from Government Servants in various departments for grant of advance increments under the old scheme despite a lapse of more than 08 years.” The paragraph is clear regarding your question whether the new policy override the old one.

(6)        You have submitted in the reply before the Tribunal that you had approached the Finance Department twice for the clarification i.e. on 12-1-2010 and 8-2-2010 that whether the policy for 1987 and 1991 supersede the 1983 policy or the 1983 policy was still intact upto 2001.

(7)        When you accept that the 2001 policy has overridden all the previous policies then why you fail to comprehend that every subsequent policy override the previous policy until and unless specifically provided in the subsequent policy for the continuation of the previous one.

(8)        The policy for pay fixation of 2001 has done two main things, (i) it has increased the stages of the pay fixation chart from 15 to 30 (ii) it has abolished the concept of Advance Increments on possessing/acquiring higher qualifications. You have effectively implemented both these concepts because both were to the disadvantage of the Civil Servants. Whether have you sought any explanation from any authority in this regard?

(9)        When those Civil Servants who possess or acquire higher qualification after 2001 are denied the benefits after the notification of 2001 then what is bar in giving benefits to those Civil Servants who possessed or acquired higher qualifications after 1991? Those civil servants who possessed or acquired higher qualification prior to 1991 need to be treated according to 1987 policy and those who possessed or acquired higher qualification prior to 1987 should be treated according to 1983 policy.

(10)      No Government department can go beyond the Judgment of the Apex Court especially when it might have got finality after Review. Any adverse comment to the disadvantage of the deserved persons by any Officer/authority is contempt of the Judgment and shall be liable for the punishment prescribed for the offence.

(11)      You have tried to explain the position of the number of Advance Increments prescribed for each higher qualification reserved for the incumbents of various posts contrary to the figures given in the Notification and also contrary to the Judgment of the Supreme Court of Pakistan by curtailing the number of Advance Increments for each higher qualification.

(12)      According to you, a PST who possessed higher qualification of M.A. is eligible for 6 increments instead of 12 which is contrary to the figures given in the Notification dated 11-8-1991 and also the Judgment of the Supreme Court on Advance Increments.

(13)      Similarly, you wish 2 Advance Increments to C.T. Teachers while Supreme Court has asked the respondents to give them 4 Advance Increments. No one would allow your opinion/explanation to prevail on the Judgment of the Supreme Court.

                        It is, therefore, requested that instead of wasting time in the explanation and discussion, straightaway act upon the Notification dated 11-8-1991 and the Supreme Court Judgment for prompt payment of the advance increments to the deserved teachers.

Manzoor Ahmad Yousafzai

Dated: Tuesday, 10 August 2010.