| Citation(s) |
|---|
| 2013 SLG 1738 2013 SLD 1738 2013 PLC 34 |
Peshawar High Court
Writ Petition No.1324 of 2010, decision dated: 15-02-2012
MAZHAR ALAM KHAN MIANKHEL AND FAZAL-I-HAQ ABBASI, JJ
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Writ Petition No.1324 of 2010, decision dated: 15-02-2012
MAZHAR ALAM KHAN MIANKHEL AND FAZAL-I-HAQ ABBASI, JJ
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SADAQAT ALI
VS
GOVERNMENT OF N.W.F.P. and others
Law:
Section:
Constitution of Pakistan--- ----Arts. 199 & 25---Constitutional petition---Civil Service---One step-up promotion by the order of the Chief Minister---Discrimination---Chief Minister had awarded one-step up promotion to the petitioner---Petitioner, however, was granted only next higher pay scale of BPS-17, which was personal to him specifically and for the purpose of pay only; and the same was assailed by the petitioner---Validity---Record showed that the Chief Executive had issued a directive which was in itself clear inasmuch as there was no distinction that said promotion would be only for grant of higher pay scale---Directive of the Chief Executive were clear in all its intents and purposes, and the same was not only defied but discrimination was meted out to the petitioner in violation of Art.25 of the Constitution---High Court directed the Authorities to grant one-step up promotion to the petitioner which would be person specific without prejudicing the rights of other employees; without affecting the matter of seniority, inter se, other officials/employees and the post of the petitioner would automatically stand downgraded to the original scale as and when vacated by the petitioner on account of his transfer or retirement---Constitutional petition was allowed, accordingly. Writ Petition No.1536 of 2009 dated 24-2-2011 rel. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.--- The petitioner through instant petition has asked for issuance of an appropriate writ directing the respondents Nos.1 to 3 to implement the directives of the Chief Minister of the Province in letter and spirit by giving him one step up promotion. 2. The brief but the material facts of the case are that the Chief Minister of the Province, during his visit to Swat on 10-6-2009, had awarded one step up promotion as a token of encouragement and appreciation of the services rendered by the officials/officers who were available during Swat Operation. The directive of the Chief Executive was with regard to two categories of officials/officers:-- (a) Sepoy to D.S.P./on Acting Charge Basis of Police Force; (b) Patwari to Tehsildar of Revenue Department. The Inspector-General of Police and the Senior…
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