Law:

Section:

(a) Civil service--- ----Upgradation of a post---Scope---Upgradation of a post is not a vested right but it stems from a policy decision for its implementation for the particular set of employees as per scheme embedded in the policy which cannot be mixed up with the promotion---By and large, upgradation is accorded to all positions in a category upon completion of a required length of service in accordance with the benchmarks laid down by the competent authority as a policy decision. (b) Civil service--- ----Upgradation of post and promotion---Distinction---Promotion involves advancement in rank, grade or a footstep en route to a higher position, whereas the facility or benefit of upgradation simply confers some monetary benefits by granting a higher pay scale to ventilate sufferings which is a translucent distinction between the two genres---Upgradation under a scheme is personal to the incumbents of a particular post for sufficient length of service without any progression or avenue of promotion---In the case of upgradation, the candidate continues to hold the same post without any change in his duties but he is accorded a higher pay scale in order to lessen the distress or misery as a result of stagnation. Fida Muhammad v. Government of Khyber Pakhtunkhwa, Secretary of Education Peshawar and others 2021 SCMR 1895 = PLJ 2022 SC 253 and Ali Azhar Khan Baloch and others v. Province of Sindh and others 2015 SCMR 456 ref. (c) Civil service--- ----Upgradation of a post---Scope---In order to justify the upgradation, the Government is required to establish that the department needs restructuring, reform or to meet the exigency of service in public interest.     JUDGMENT MUHAMMAD ALI MAZHAR, J.---This Civil Petition for leave to appeal is directed against the judgment dated 12.03.2019 passed by the learned Peshawar High Court in Writ Petition No. 4296-P/2017, whereby the petitioner’s claim for upgradation was dismissed. 2. In fact, the petitioner sought a declaration in the aforesaid Writ Petition against the impugned decision of the Board of Governors, MTI, KTH (“BOG”) in connection with Agenda No. 9, whereby the petitioner’s claim for upgradation was…

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