Law:

Section:

Punjab Civil Servants Act (VIII of 1974)--- ----Ss. 8 & 3(2)---Constitution of Pakistan Art.199---Constitutional petition---Civil service---Upgradation in service grade---Alternate remedy---Petitioner sought upgradation of his post on the ground that in the year 1987 a letter was issued which updated technical posts in different departments and contended that he had been discriminated against---Validity----Petitioner was alleging discrimination against orders passed 14 years ago, and there was nothing on record to explain the delay incurred by the petitioner in agitating the issue---Petitioner was considered for upgradation and denied the same as the petitioner had a promotion channel available to him under the new 4-tier structure---Upgradation was a form of promotion and under S.8 of the Punjab Civil Servants Act, 1974, promotion was 'term and condition' of service---Civil servant would be eligible to be considered for promotion provided he possessed prescribed qualifications and under S.3(2) of the Punjab Civil Servants Act, 1974 the Service Tribunal had exclusive jurisdiction in respect of matters of 'terms and conditions' of service---Petitioner, therefore, had an effective, efficacious remedy available to him for redressal of his grievance and could approach the Service Tribunal---Constitutional petition was dismissed, in circumstances. Abid Hussain and 5 others v. Secretary to Government of the Punjab, Finance Department, Civil Secretariat, Lahore and 5 others 2012 PLC (C.S.) 26 distinguished. Government of the Punjab through Secretary Services, Punjab, Lahore and 4 others v. Muhammad Awais Shahid and 4 others 1991 SCMR 696 rel. JUDGMENT MRS. AYESHA A. MALIK, J.--- Through this Writ Petition, the petitioner seeks a direction to the respondents to grant him Selection Grade in BS-15 from BS-11. 2. Brief facts of the case are that the Finance Department issued a letter dated 27-7-1987 revising the pay and fringe benefits of the employees of the Government of the Punjab. Thereafter, in continuation of the said letter, another letter dated 21-1-1988 was issued which upgraded technical posts in different departments and also allowed selection grades to the…

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