Case Details

Citation(s)
2020 SLG 2537 2020 SLD 2537 2020 PLC 1492
Islamabad High Court
W.P. No.4443 of 2018, decided on 15th November, 2019.
MOHSIN AKHTAR KAYANI, JUSTICE
Yasser Latif Hamdani and Barrister Omer Azad Malik for Petitioners. Barrister Muhammad Mumtaz Ali, A.A.G. Muhammad Asif, Section Officer, Ministry of Human Rights and Nadeem Arshad, Section Officer (Lit-v), Establishment Division for
Respondents.

SAFOORA HUSSAIN

VS

THE SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN, ISLAMABAD AND OTHERS

Law:

Section:

(a) Civil service--- ----Up-gradation of post---Scope was appointed as a Cataloger in the year 2003 and was still performing her duties in the same post as there was no avenue of promotion of petitioners post in the relevant Ministry---Only grievance raised in the petition was regarding her claim of up-gradation/re-designation and promotion of her position like other similarly placed employees of Federal Government---Validity---Case of petitioner came under the up-gradation policy, because other similar departments had provided different avenues for the promotion of Cataloger and Library Assistant which was not available in the respondent Ministry, although the Ministry was the best judge to settle such question but the Ministry did not demonstrate from record that it had any objection on up-gradation of the post in accordance with the policy---High Court disposed of constitutional petition with direction to the Ministry to consider the time frame on which petitioner had performed her duties as Cataloger, nature of duties, increase in work as well as higher qualification of the petitioner with the available avenues in the ministry for promotion of the petitioner on relevant post, if the ministry came to an opinion that no such post was available, it could transmit the case of the petitioner under the up-gradation policy as well as standardization of pay scales and recruitment rules for Librarians working in the Federal Government Organizations. Federal Public Service Commission through Secretary v. Anwar ul Haq Private Secretary Islamabad and others 2017 SCMR 890 and Ali Azhar Khan Baloch v. Province of Sindh 2015 SCMR 456 ref. Chairman FBR, Islamabad v. Atta Muhammad Mashud and others 2017 PLC (C.S.) Note 58 rel. (b) Civil service--- ----Up-gradation of post---Scope---Up-gradation policy is meant for incumbents of isolated posts to address their frustration having sufficient length of service without any progression and promotion. Federal Public Service Commission through Secretary v. Anwar ul Haq Private Secretary Islamabad and others 2017 SCMR 890 ref. (c) Civil service--- ----Up-gradation of post---Scope---Up-gradation of the post requires to establish that…
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