| Case ID |
517c1c8a-c9a2-40dc-92d2-2b093dd6281d |
| Body |
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| Case Number |
C.P. Nos. 578 to 580-L, 593 and 594-L of 1995 |
| Decision Date |
Jun 25, 1995 |
| Hearing Date |
Jun 25, 1995 |
| Decision |
The Supreme Court dismissed the petitions against the decision of the Service Tribunal, which had allowed the respondents to count their previous service for seniority and monetary benefits. The Court held that the respondents, who were teachers in nationalized schools, possessed the same qualifications and performed similar duties as those in the General Cadre. Therefore, their prior service should not be disregarded for the purpose of benefits available to General Cadre officers. The Court rejected the government's contention that benefits should only be applicable from the date of nationalization, affirming the Tribunal's decision as valid. |
| Summary |
This case revolves around the rights of teachers in privately managed schools that were nationalized under the Privately Managed Schools and Colleges (Taking Over) Regulation, 1972. The Supreme Court of Pakistan reviewed the appeals regarding the service conditions of these teachers, particularly focusing on their entitlement to count previous service for seniority and monetary benefits. The decision emphasized the equal treatment of nationalized school teachers with those in the General Cadre, affirming that their qualifications and duties were comparable. The ruling aimed to rectify grievances arising from the implementation of the Chief Minister's orders regarding promotions and benefits, ensuring that all teachers received fair recognition for their service. This case highlights issues of educational equity, workers' rights, and administrative justice in Pakistan's educational system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Public Instructions,
Privately Managed Schools
|
| Judges |
Saad Saood Jan,
Fazal Karim,
Muhammad Ilyas
|
| Lawyers |
Faiz Muhammad Bhatti, Advocate Supreme Court,
Rao Muhammad Yusuf Khan, Advocate-on-Record,
Ch. Ghulam Qadir, Advocate Supreme Court,
C.M. Latif, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record
|
| Petitioners |
Mrs. Neelum Amar
|
| Respondents |
Director, Public Instructions (Schools), Punjab
|
| Citations |
1997 SLD 839,
1997 SCMR 1445
|
| Other Citations |
Not available
|
| Laws Involved |
Privately Managed Schools and Colleges (Taking Over) Regulation, 1972,
Constitution of Pakistan (1973)
|
| Sections |
Para. 4,
Art. 212(3)
|