JAVED KHAN vs FEDERATION OF PAKISTAN through Secretary Ministry of Defence, Government of Pakistan Upgradation

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JAVED KHAN VS FEDERATION OF PAKISTAN through Secretary Ministry of Defence, Government of Pakistan Upgradation of post---Purpose---Discrimination---Scope---Petitioners working as Physical Training Instructors (PTIs) under the Federal Government Educational Institutions (Cantonments and Garrison), Rawalpindi, were denied upgradation of their post from BS-16 to BS-17 on the ground that the status of the petitioners was quite different from the employee of the Federal Directorate of Education, Islamabad, where post was upgraded to BS-17 and that upgradation could not be claimed as a matter of right---Held, that upgradation is not a part of terms and conditions of service, rather it is based on a policy decision of competent authority, the purpose of which is to eliminate the sufferings of employees from stagnation and to avoid them being stuck up in some isolated post without any pathway or probability of promotion despite satisfactory length of service in a particular post---Upgradation cannot thus be claimed as a matter of right by an employee or group of employees, but at the same time once the competent authority decides to redress sufferings of employees, who may remain as dormant in future, and proceeds to upgrade a particular post, such benefit cannot be extended only to single or one set of persons serving at the same post---Article 25 of the "Constitution" ordains that every citizen shall be dealt with equally and there shall be no discrimination---Present petition was resisted by the respondents mainly on the ground that the since petitioners were serving in the Federal Government Educational Institutions (Cantonments and Garrison), they could not claim the upgradation of their post as allowed to the employees of the Federal Directorate of Education---Such contention held no water firstly on the ground that respondent had already recommended the upgradation of the post of Physical Training Instructors ("PTI") in BS-17 to dispel the discrimination in the employees of Federal Government Educational Institutions (Cantonments and Garrison)---Secondly, it was an undeniable fact that in another constitutional petition one of the petitioners was a "PTI" teacher, who was allowed relief of upgradation and said judgment was never challenged by the respondents---Respondents were thus precluded to draw any distinction in the case of the petitioners----Petitioners had been treated discriminately by the respondents, which offended the mandate of Art. 25 of the Constitution---Respondents were directed to upgrade/redesignate the post of PTI BS-16 to BS-17 (SST) accordingly---Petition was allowed, in circumstances.

JAVED KHAN vs FEDERATION OF PAKISTAN through Secretary Ministry of Defence, Government of Pakistan Upgradation of post — 2023 PLC(CS) 1280 LAHORE-HIGH-COURT-LAHORE

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