Law:

Section:

Civil service------.----- ------.-------Employees of Pakistan Railways------.-----Up-gradation of posts of Guards------.-----Judgment in rem------.-----Effects--Contention of employees was that earlier constitutional petition filed by their colleagues had been allowed and they had been upgraded but benefit of said had not been extended to them------.-----Validity------.-----Order of High Court for up-gradation of posts of Guard had been passed in the earlier constitutional petition which was not challenged by the department------.-----Said order had attained finality and had been implemented by the department------.-----Benefiting certain individuals and denying the same benefit to all other equally placed persons was against the canon of justice------.-----Case of employees (petitioners) was at par with the employees who had been upgraded------.-----Department was directed to extend the same benefit to all the Guards of Railways within three month------.-----Constitutional petition was allowed accordingly. Regional Commissioner of Income Tax v. Syed Munawar Ali and others 2016 SCMR 859; Hameed Akhtar Niazi v. The Secretary, Establishment Division, Government of Pakistan and others 1996 SCMR 1185; Government of Punjab through Secretary Education, Civil Secretariat, Lahore and others v. Sameena Perveen 2009 SCMR 1 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD FARRUKH IRFAN KHAN, JUSTICE:------.----- Through this single judgment I intend to decide Writ Petition No.38525/2015 as well as Writ Petitions Nos.4191/2016, 38928/2015, 32360/2015, 33822/2015, 38935/2015, 38934/2015, 36519/2015, 37794/2015, 37023/2015, 37021/2015, 1146/2016, 35934/2015, 40014/2015, 12864/2016, 9371/2016, 669/2016, 39559/2015 and 21531/2016 as they all proceed almost on similar facts and circumstances and the law point involved therein is also identical. 2. It is submitted by learned counsel that all the petitioners were originally appointed as Guard Grade-I in BS-9 on the basis of their educational qualification and after successfully undergoing departmental training course, medical fitness and the First Aid Course etc.; that employees of their rival cadre on the same train commonly known as…

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