Law:

Section:

(a) Civil service--- ----Upgradation of post---Scope---Upgradation could not be claimed as a matter of right but was in fact based on a policy decision of the competent authority jotted down in a scheme/notification for its implementation across the board for particular categories of employees who fulfilled the required qualification which was normally a particular length of service in a particular pay scale. (b) Civil service--- ----Upgradation of post and promotion---Distinction---Promotion involved advancement in rank, grade or a footstep en route for advancement to higher position whereas the facility or benefit of upgradation simply conferred some monetary benefits by granting a higher pay scale to ventilate stagnation---Up-gradation was carried out under a policy and specified scheme---In an upgradation, the candidate continued to hold the same post without any change in his duties but he was accorded a higher pay scale---Benefit of upgradation was normally granted to persons stuck-up in one pay-scale for considerable period of their length of service either having no venue for promotion or progression---Up-gradation under a scheme was personal to the incumbents of the posts---In order to minimize the anguish or suffering of being stuck-up in particular pay scale for a sizeable period, the mechanism of up-gradation as a policy decision was used for redressal. Regional Commissioner Income Tax v. Syed Munawar Ali 2016 SCMR 859 and Federal Public Service Commission through Secretary v. Anwar-ul-Haq (Private Secretary) Islamabad and others 2017 SCMR 890 ref. Date of hearing: 28th September, 2021. JUDGMENT MUHAMMAD ALI MAZHAR, J.---This civil appeal is directed against the judgment passed by learned Peshawar High Court in W.P. No.2370-P/2018 whereby the writ petition was dismissed. 2. The short-lived facts of the case are as under:- The appellant was appointed as CT in (BPS-09) on 15.09.1987. He was promoted to the post of SET/SST (BPS-16) on 24.07.2003. He reached to the age of superannuation on 04.05.2016 after qualifying 29 years of service and his pension was calculated on the basis of his last pay in BPS-16. The appellant lodged his grievance that he was…

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