Law:

Section:

Constitution of Pakistan--- ----Arts. 25 & 199---Constitutional petition---Civil service---Equality of citizens---Discrimination---Petitioners were Data Processing Assistants in Basic Scale-12 and their grievance was that other employees on the same posts in other departments were in Basic Scale-16---Plea raised by authorities was that High Court could not allow upgradation of posts---Validity---Petitioners successfully demonstrated that other persons in various departments of Federal Government with similar qualifications and similar nature of jobs were placed in Basic Scale-16---Authorities failed to demonstrate as on what basis discrimination was being maintained between petitioners and other persons having same qualification and same job in other departments---High Court under Constitutional jurisdiction could order removal of discrimination without any reasonable basis, even if such removal of discrimination involved upgradation---High Court ordered removal of discrimination which was in violation of equality clause as enshrined in the Constitution and directed the authorities to give same grade and treatment to petitioners as was given to similar employees in other departments---Petition was allowed in circumstances. Javaid Hussain Qureshi v. Finance Department, Government of the Punjab through Secretary Finance and 2 others 2004 PLC (C.S.) 586; Abdul Shakoor v. Government of Pakistan through Secretary, Establishment Division, Islamabad and 2 others C.P. No.40 of 1999 and Javed Latif Memon v. Government of Sindh C.P. No.D-213 of 2010 ref. JUDGMENT SHAHID ANWAR BAJWA, J.--- Petitioners are employed as Data Processing Assistants in Finance Department, Government of Sindh since 2001. They are placed in BS-12. Learned counsel for petitioners referred to an advertisement and submitted that the prescribed qualification is; (i) Graduate Second Division with statistics as one of the subjects, (ii) Second Division Diploma in Computer Science from Board of Technical Education. On 8-11-2003 vide Notification No.SO(LR)S&GAD-II(65)/2003 posts of Data Processing Assistant BS-12 in Services, General Administration and Coordination Department were upgraded as…

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