Law: Constitution of Pakistan 1973

Section: 4, 25, 199

 Summary The Lahore High Court dismissed the constitutional petition filed by a Moharrar/Head Moharrar (BS-07) seeking up-gradation of his post to BS-14 on the basis of parity with ministerial cadre employees. The Court held that up-gradation is a policy matter attached to the post, not the individual employee, and can only be granted where the competent authority expressly includes a post in an up-gradation policy. Since the petitioner's post was neither part of the ministerial cadre nor specifically mentioned in the relevant Finance Department notifications, he could not claim equal treatment merely because his duties resembled those of clerical staff. Tagline Up-gradation is attached to the post—not the employee—and cannot be claimed merely on the basis of similarity of duties without formal policy recognition. ORDER; MUHAMMAD SAJID MEHMOOD SETHI, J.- Through this Constitutional Petition, the petitioner has assailed orders dated 02.07.2021 and 24.09.2025, passed by respondent No.3, as well as order dated 09.01.2023 passed by respondent No.4, whereby his requests/representations seeking up-gradation of his post from BS-07 to BS-14 were declined. The petitioner seeks such relief on the strength of various notifications issued by the Local Government & Community Development Department, Government of the Punjab, and on the basis of judgments rendered by this Court and the Hon’ble Supreme Court of Pakistan in respect of similarly placed employees. Learned counsel for the petitioner contends that the petitioner was appointed as Goods Exit Clerk (BS-05) and subsequently designated as Saddar Moharrar/Head Moharrar (BS-07), and that his duties, functions, and service profile are akin to those of ministerial cadre employees, particularly Senior Clerks and Head Clerks. He argues that the Finance Department had upgraded ministerial posts vide various notifications and extended the benefit of up-gradation to similarly placed employees, however, the petitioner has been arbitrarily deprived of the same benefit despite being similarly placed. He contends that denial of up-gradation to the petitioner amounts to discrimination and…