The SECRETARY SCHOOL EDUCATION, GOVERNMENT OF THE PUNJAB, LAHORE vs RIAZ AHMED R

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The SECRETARY SCHOOL EDUCATION, GOVERNMENT OF THE PUNJAB, LAHORE VS RIAZ AHMED R. 8(3)---Civil service---Graduate Primary Teachers regularized in service ('the respondents')---Selection grade, grant of---Legality---Respondents could not show any policy of the Government which entitled the 'Graduate Primary Teachers' for the grant of 'selection grade'---They solely relied on Rule 8(3) of the Punjab Civil Servants Pay Revision Rules, 1977 and a notification---Rule 8 (3) of the Rules of 1977 provides that where, for a class of posts, apart from the ordinary pay scale, a higher pay scale has been sanctioned for a percentage of the number of said posts, then, in such an eventuality, the higher pay scale shall be admissible to the holders of the post in BS-1 to BS-16, subject to a minimum length of two years service in the ordinary pay scale of the said posts---Higher pay scale was never sanctioned for the post of 'Graduate Primary Teacher' and, therefore, Rule 8(3) was not attracted in the case of the respondents---Even the notification in question does not include the post of 'Graduate Primary Teacher' for the purposes of grant of selection grade---Government had not formulated any policy regarding the grant of selection grade for the post of 'Graduate Primary Teacher'---Tribunal, in the absence of a policy specifically covering the grant of selection grade for the post of 'Graduate Primary Teacher' was not competent to purportedly create a right in favour of the respondents---Petitions were converted into appeals and allowed, and the impugned judgment of the Tribunal was set aside. Citation Name: 2024 SCMR 809 SUPREME-COURTBookmark this Case The SECRETARY SCHOOL EDUCATION, GOVERNMENT OF THE PUNJAB, LAHORE VS RIAZ AHMED Selection grade, grant of---Scope---Grant of selection grade is not an appointment against a post in the mode of promotion---Selection grade is thus not an appointment against a higher post but is meant to extend financial benefits of a higher grade---Selection grade is meant to financially compensate a civil servant who, despite serving against a particular post for a considerably long period, does not have the prospect of being promoted to a higher post---It is within the exclusive domain of the Government to consider and decide whether a civil servant is to be compensated for serving on a post without having the prospects of being promoted to a higher post---It is an executive function performed through formulating a policy in the case of each post---Grant of selection grade and its eligibility criterion is thus necessarily governed under a policy which has to be formulated by the Government---It is not one of the terms and conditions of the civil servant under the Punjab Civil Servants Act, 1974 nor the Punjab Civil Servants (Appointment and Conditions of Service) Rules,1974, or the Punjab Civil Servants Pay Revision Rules, 1977---A right, therefore, does not accrue in favour of a civil servant to claim selection grade in the absence of a specific policy that has been competently formulated by the Government---No court or tribunal has the power and jurisdiction to compel the Government to make a policy, or to interfere with a policy which has been competently made in relation to a specified post---As a corollary, the tribunal is bereft of jurisdiction to assume that a right exists in favor of a civil servant for the grant of selection grade unless the Government has formulated a policy.

The SECRETARY SCHOOL EDUCATION, GOVERNMENT OF THE PUNJAB, LAHORE vs RIAZ AHMED R — 2024 SCMR 809 SUPREME-COURT

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