Law:

Section:

Constitution of Pakistan--- ----Arts. 25, 185(3) & 199---Civil service---Similar posts in different departments performing similar functions---Up-gradation of posts---Uniformity---Discrimination---Respondents were appointed as Senior Auditors (BPS-16) in the Sales Tax Department---After reconfiguration of tax department respondents were re-designated as Inland Revenue Audit Officers---Respondents filed constitutional petition before the High Court for up-gradation of their posts on the analogy of up-gradation of posts to BPS-18 of Audit Officers in other departments like Auditor General of Pakistan, Accountant-General Punjab and Controller General of Accounts---Constitutional petition was allowed by the High Court on the grounds that respondents performed similar functions to that of Audit Officers in the other said departments, thus, refusal to grant them BPS-18 would amount to discrimination, and that Paragraph 2(a) of the Office Memorandum dated 20-1-2001 provided for uniformity in the up-gradation of similar posts in different departments of similar nature---Validity---Supreme Court granted leave to appeal to consider inter alia whether the constitutional petition filed by the respondents before the High Court was maintainable, as its subject matter related to the terms and conditions of service of the respondents and thus within the exclusive jurisdiction of the Service Tribunal; whether Paragraph No. 2(a) of the Office Memorandum dated 20-1-2001, could be construed in a manner that the up-gradation of a post in one department of the Government would furnish a ground to the officers performing similar job in other departments for up-gradation of the post, as the said provision provided that up-gradation could only be made if it was considered to be necessary for bringing about rationalism in the administrative structure; whether maintaining the impugned of the High Court would bring about anomalies within the Inland Revenue Department as the respondents may as a result rank senior to other officers to whom they were subordinate; and whether the respondents could have been granted up-gradation from BPS-16 to BPS-18 when in the meanwhile their posts had…

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