Law:

Section:

(a) Civil service--- ----Assistant Nursing Superintendent---Up-gradation of post---Discrimination---Effect---Contention of petitioners was that post of Head Nurses (BPS-17) had been up-graded, whereas post of Assistant Nursing Superintendent (BPS-16) had not been up-graded, which was discrimination---Validity were appointed as Charge Nurses (BPS-14) and thereafter they were promoted to the post of Assistant Nursing Superintendents (BPS-16)---Charge Nurses junior to the petitioners had been promoted as Head Nurses and posts of Head Nurses had been up-graded---Post of Assistant Nursing Superintendent had not been up-graded which had created disparity between two parallel cadres---Ministry of Health had recommended that petitioners should be up-graded from the date of creation of post of Assistant Nursing Superintendent in BPS-17---Nurses working as Assistant Nursing Superintendent had become junior to the ones working as Head Nurses which had resulted in reversal of seniority of petitioners---Nurses similarly placed could not be treated differently---Authorities had treated petitioners with discrimination which act could not be recognized under the law---Authorities were directed to up-grade the post of Assistant Nursing Superintendent from the date when post of Head Nurses was up-graded, with all consequential benefits---Constitutional petition was allowed accordingly. Shrin Munir and others v. Government of Punjab through Secretary Health, Lahore and another PLD 1990 SC 295; Pakistan International Airlines Corporation through Chairman and others v. Shahzad Farooq Malik and another 2004 SCMR 158; Market Committee, Multan through its Administrator and another v. Muhammad Sabir 1995 SCMR 305; Muhammad Ikram v. Principal and Chairman Admission Committee, Sukkur and 2 others 2014 MLD 1; M.Y. Labib-ur-Rehman v. Federation of Pakistan and others 2018 PLC (C.S.) Note 65; Government of N.-W.F.P. v. Buner Khan 1985 SCMR 1158; Islamic Republic of Pakistan v. Abdul Karim, Deputy, Accountant General, N.W.F.P. 1978 SCMR 289 and Abu Saeed v. Government of N.W.F.P. 1990 SCMR 1623 rel. (b) Constitution of Pakistan--- ----Art. 25---Equality before law---Scope. Article 25 clearly…

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