PST TO EST CS PROMOTION REJECTED BY THE SED PUNJAB

Mst. Farkhanda Saleem , Primary School Teacher (BS-14) and 06 other PST filed writ petition No. 3212/2019 in the Honorable Lahore High Court Bahawalpur Bench Bahawalpur with the Prayer for issuance of direction to the respondents to amend Punjab School Education Department (School Education) Service Rules 2014 , enabling 50% in Service promotion of primary school Teacher as Elementary School Teachers (Computer Science).
2. AND WHEREAS, the Honorable Court disposed of the aforementioned writ petition vide order dated 24-04-2019 with the direction to Secretary School Education as under.
“…in this view of the matter, let a certified copy of this petition along with all the annexure be sent to the respondent No. 6 / Secretary School Education, Who shall look into the matter and decide the issue in hand after providing proper hearing to all the concerned including the petitioners and will pass a speaking order strictly in accordance with law expeditiously within a period of one month from the receipt of certified copy of this order….”
AND WHEREAS , in compliance of aforementioned courts order, the petitioner were afforded an opportunity of personal hearing in the presence of representative of Chief Executive Officer , District Education Authority Bahawalpur and heard at length. A report was also sought from Chief Executive Officer District Education Authority, Bahawalnagar. The available record was perused and following facts revealed.
1. The petitioner were appointed as Elementary School Educators in the year 2012 and were regularized as Primary School Teacher in the Year 2015.
2. The next higher cadre against which they can be considered for promotion subject to seniority cum fitness is Elementary School Teacher.
3. At present Punjab School Education Department (School Education) Service Rules , 2014 are enforced and as per rules ibid the petitioners can be considered for promotion against the category of EST (General). The criteria observed as per rules ibid for the post of Elementary School Teacher (General) is as under.
a. M.Sc. or MA (Second Division) in Islamic Studies, Pak Studies , Geography or History and others and
b. M.Ed , M.A (Edu) or B.Ed (Second Division) from recognized University or
c. BS.Ed , ADE (Three Years) or B.Ed(Hons) (Four Years Degree) (Second Division) from a recognized University.
4. The petitioner during personal hearing submitted that their qualification is BSCS and MCS , therefore , they should be considered for in-service promotion for the post of EST (Computer Science).
5. The Departmental Representative during personal hearing submitted that the post of EST (Computer Science) is filled 100% through initial recruitment and the petitioner can not be promoted as EST (Computer Science) as no promotion quota is fixed for the said post.
6. AND WHEREAS, it revealed from perusal of record that the petitioner are Primary School Teacher. At present Punjab School Education Department Service Rules 2014 are in vogue and as per rules ibid the petitioner are eligible for in-service promotion under 50% Promotion Quota against the post of EST General. The Post of EST (CS) is filled 100% through initial recruitment. Therefore the contention of petitioners to consider them eligible for promotion against the post of EST CS is not plausible under the rules enforced. Moreover, Punjab School Education Department Service Rules 2014 are being revised. The request of the Petitioner will be considered while amending Rules for the post of EST (Computer Science).
7. NOW THEREFORE, I, Secretary School Education Department t hereby reject the representation of the petitioner, being devoid of merit and against the Law / Rules / Policy.

MUHAMMAD MAHMOOD
SECRETARY SCHOOL EDUCATION