| Citation(s) |
|---|
| 2025 SLG 4787 2025 SLD 4787 = 2025 LHC 6313 |
Lahore High Court
Intra-Court Appeal No. 11177/2021
PRESENT; (AHMAD NADEEM ARSHAD) JUDGE (MALIK WAQAR HAIDER AWAN) JUDGE
Date of hearing: 23.10.2025 Appellants by: Mr. Junaid Jabbar Khan, Advocate.
Respondents by: Mr. Hussain Ibrahim Muhammad, Assistant Advocate General, Punjab. Mr. M. Afzal Shahid, Senior Law Officer and Mr. M. Abrar Khan, Law Officer, office of Director General Health Services Punjab, Lahore. Mr. Khurram Abbas Wahga, Law Officer, Primary and Secondary Healthcare Department. Mr. Shahbaz Ahmad Sh., Law Officer, Finance Department.
Intra-Court Appeal No. 11177/2021
PRESENT; (AHMAD NADEEM ARSHAD) JUDGE (MALIK WAQAR HAIDER AWAN) JUDGE
Date of hearing: 23.10.2025 Appellants by: Mr. Junaid Jabbar Khan, Advocate.
Respondents by: Mr. Hussain Ibrahim Muhammad, Assistant Advocate General, Punjab. Mr. M. Afzal Shahid, Senior Law Officer and Mr. M. Abrar Khan, Law Officer, office of Director General Health Services Punjab, Lahore. Mr. Khurram Abbas Wahga, Law Officer, Primary and Secondary Healthcare Department. Mr. Shahbaz Ahmad Sh., Law Officer, Finance Department.
Shagufta Naseer etc.
VERSUS
Chief Executive Officer District Health Authority Sargodha etc.
Law: Constitution of Pakistan 1973
Section:
Tag Line:
- The continuous stagnation of a post without upgradation throughout service tenure constitutes a persistent source of frustration for employees. Withdrawal of upgradation in the garb of amending service rules offends Articles 9 and 25 of the Constitution of Islamic Republic of Pakistan, 1973, besides being inconsistent with the spirit of a welfare state, especially when no service rules for promotion of employees occupying stagnant posts have been made despite inordinate lapse of more than 06 years.
CASE SUMMARY
Court: Lahore High Court
Judges: Malik Waqar Haider Awan, J. & Ahmad Nadeem Arshad, J.
Case Type: Intra-Court Appeal (Civil Service / Employment)
Appeal Against: Order dated 02.02.2021 by Single Judge in Chamber
Petition No.: W.P. No. 62221/2019
Subject: Upgradation / Redesignation of Computer Operator posts in Punjab
1. FACTS
- Appellants: Employees initially recruited as Computer Operators (BS-15 & BS-12) on contract in 2007; regularized in 2009.
- Posts were upgraded/redesignated in December 2018 (Notification No.FD.PC.40-43/2017(E)) by the Government of Punjab, Finance Department.
- Office order issued on 14.01.2019 upgraded appellants to Senior Computer Operators (BS-16).
- Upgradation was withdrawn on 08.08.2019 by the District Health Authority under the guise of “clarification†from Finance Department.
- Appellants filed W.P. No. 62221/2019; dismissed by Single Judge on 02.02.2021.
- Appellants filed Intra-Court Appeal challenging withdrawal of upgradation.
2. ISSUES
- Distinction between upgradation of posts and promotion.
- Whether withdrawal of upgradation was lawful.
- Whether denial of upgradation violated Articles 9 & 25 of the Constitution of Pakistan.
- Whether government’s failure to amend service rules justified revival of upgradation.
3. LEGAL PRINCIPLES & LAW CITED
Upgradation vs Promotion:
- Upgradation: Post-specific, not a vested right; incumbent keeps same duties but receives higher pay to mitigate stagnation.
- Promotion: Person-specific, governed by service rules, based on seniority and merit.
- Case Law: Secretary to Government of Pakistan, Establishment Division v. Muhammad Ahmed Khan (2025 SCMR 434)
- Case Law: Regional Commissioner Income Tax v. Syed Munawar Ali (2016 SCMR 859)
Constitutional Provisions: