ATTAULLAH KHAN vs ALI AZAM AFRIDI Upgradation of post from BPS-20 to BPS-21 against policy of the Provincial Government — 2023 PLC(CS) 182 SUPREME-COURT

Case information

Citation: 2023 PLC(CS) 182 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLC
Parties: ATTAULLAH KHAN vs ALI AZAM AFRIDI Upgradation of post from BPS-20 to BPS-21 against policy of the Provincial Government
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ATTAULLAH KHAN VS ALI AZAM AFRIDI Upgradation of post from BPS-20 to BPS-21 against policy of the Provincial Government---Petitioner was thrice upgraded, firstly when the post of LAN Administrator, Provincial Assembly was upgraded from BPS-18 to BPS-19 and the same was re-designated as Director Automation and IT; secondly when the post of Director Automation and IT was upgraded from BPS-19 to BPS-20 and the petitioner was promoted to the upgraded post; lastly, the nomenclature of the said post was substituted as Special Secretary/Director IT and the same was upgraded to BPS-21 and the petitioner for the third time was upgraded to BPS-21---Provincial Assembly had promulgated the Upgradation Policy (vide notification dated 29-08-2011) for its employees---Said Policy specifically stated that "personal upgradation shall be made once during the whole service periods', and that "no such upgradation shall be made infavour of such employees or individual whose posts have once personally (been) upgraded either before or after promulgation of the policy"---Three consecutive upgradations given to the petitioner were clearly in violation of the said Policy---High Court had rightly declared the upgradation of post of the petitioner from BPS-20 to BPS-21 as void, coram non-judice and without any lawful authority---Petition for leave to appeal was dismissed and leave was refused.

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