Law: Constitution of Pakistan, 1973

Section: 185(3),25

(a)    Constitution of Pakistan-------Art. 185 (3)---Civil service---Upgradation of posts---Leave to appeal was granted by Supreme Court to consider whether respondents were already granted upgradation by means of Office Memorandum dated 03-10-2019 and grant of upgradation and redesignation of posts was a matter of policy and unless there existed a policy, relief regarding grant of upgradation and redesignation of posts could not be allowed by High Court.(b)    Constitution of Pakistan-------Art. 25---Civil service---Upgradation of post---Discrimination---Upgradation of post and promotion---Distinction---Authorities were aggrieved of direction issued by High Court in favour of respondents/civil servants regarding upgradation and redesignation of posts---Validity---Upgradation of a post is not a vested right, rather it stems from a policy decision intended to benefit a particular set of employees under the scheme embedded in the policy---Upgradation cannot be mixed up with promotion---In case of upgradation, employee continues to hold same post without any change in his duties but he is accorded a higher pay scale in order to mitigate distress associated with stagnation due to lack of progression of promotional avenues---Once Government announces a policy, it is also responsible for enforcing such policy across the board to accord benefit of policy to all those who are eligible under it and may benefit because of it---Court cannot interfere in policy making domain of government but when a widespread and comprehensive policy is announced to benefit employees, it should be implemented bigheartedly and generously, without adding any ifs and buts or discrimination that can stifle main objective of the policy---Similar laws, rules and polices should apply uniformly to all in similar situations, without any discrimination or distinction between one employee and another within the sphere of legislation or policy, provided that their status is substantially equivalent and indistinguishable---Even in cases of classification or categorization, such distinctions must not be arbitrary but should be based on reasons, qualities and…