| Citation(s) |
|---|
| 2025 SLG 4459 2025 SLD 4459 = 2025 SHC 1338 |
CP. No. D-1334 of 2020
Adnan-ul-Karim Memon, J:
Date Order with signature of Judge Before: Mr. Justice Muhammad Karim Khan Agha Mr. Justice Adnan-ul-Karim Memon Date of hearing and Order: 09.05.2025 Petitioner is present in person Ms. Wajiha Mehdi, Assistant Attorney General
(Tahir Hussain Akhgar v Federation of Pakistan & others )
Law:
Section:
Case Summary
The petitioner, a BPS-07 Photographer employed since 1990 under the Ministry of Defence, sought upgradation to BPS-13 based on a 1994 Gazette Notification and a 2016 GHQ circular that allegedly upgraded photographers in similar departments. He claimed discrimination and violation of fundamental rights, arguing that his colleagues had already been upgraded.
The Additional Advocate General (AAG) opposed the petition, stating that the 1994 notification applied only to another directorate (E&ME), not to the petitioner’s GS&C group, and that the photographer post was slated for abolishment. The Court held that upgradation decisions fall under the Ministry’s administrative domain and cannot be judicially ordered, especially for an abolished post.
Accordingly, the petition was dismissed for lack of maintainability and jurisdiction.