MUHAMMAD HASSAN KAKAR vs VICE-CHANCELLOR UNIVERSITY OF BALOCHISTAN, QUETTA Upgradation of post — 2023 PLC(CS) 938 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PLC(CS) 938 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PLC
Parties: MUHAMMAD HASSAN KAKAR vs VICE-CHANCELLOR UNIVERSITY OF BALOCHISTAN, QUETTA Upgradation of post
Subject matter: Service

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

MUHAMMAD HASSAN KAKAR VS VICE-CHANCELLOR UNIVERSITY OF BALOCHISTAN, QUETTA Upgradation of post---Promotion---Distinction---Petitioners were employees of respondent University who sought their promotion and upgradation of their post on the basis of a 'Notification'---Validity---Upgradation could not be claimed as a matter of right but was based on policy decision of competent authority for its implementation across the board for particular categories of employees jotted down in the Scheme/Notification who fulfilled required qualification which was normally a particular length of service in a particular pay scale--- Promotion involved advancement in rank/grade, whereas facility or benefit of upgradation conferred some monetary benefits by granting a higher pay scale to ventilate stagnation--- Benefit of upgradation was normally granted to persons stuck-up in one pay scale for considerable period of their length of service either having no venue for promotion or progression---High Court set aside the Notification in question issued by University authorities being illegal, without any lawful authority and void ab-initio---High Court directed respondent University to reconsider the cases of all its employees who benefitted from the Notification, and in case Notifications of their promotions and upgradations of posts were not on merits or in accordance with settled principles of law, the same be recalled/reviewed---High Court directed University authorities to consider the cases of petitioners for promotion strictly on merits and in accordance with law, and without further delay---Constitutional petition was disposed of accordingly.

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