Law:

Section:

Civil serviceUpgrading of postGrant ofUpgrading of any post or posts was purely an administrative rather a policy matter which had to be decided by Administrative Department concerned in consultation with Finance DepartmentNo legal compulsion was involved in such decision and denial of such concession would not entail any legal violationEach Province being autonomous was free to take a decision with regard to any matter including upgrading of any post or group of posts in the light of peculiar circumstances of that ProvinceUpgrading of posts was a costly affair which depended upon availability of fundsIf due to want of resources any Provincial Government could not afford upgrading of posts, it could not be forced to do so only because other Province or Provinces had done so. M.L. Shahani for Appellants. Zawar Hussain Shah, A.A.G. for Official Respondents. Date of hearing: 13th April, 1993. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN). Three appeals are being disposed by this single judgment, because these involve identical questions of law and fact. These appeals are: Appeal No. 93 of 1994, Appeal No. 94 of 1994 and Appeal No. 95 of 1994, respectively filed by Messrs Muhammad Hayat Channa, Jethanand Rathi and Akhtar Azizullah Khan, All the three appellants are working as clerks of Court (hereinafter referred to as COCs) in different Labour Courts of the Province. Their prayer is that like the posts of COCs in Sessions Courts, their posts too be upgraded from the BPS11 to BPS15. The appellant's case, as disclosed in their memos of appeal, briefly is that since the introduction of National Pay Scales in 1972, the posts of COCs both in Sessions Courts and Labour Courts were allowed BPS11. Subsequently though the posts of COCs in Sessions Courts were 'upgraded from BPS11 to BPS15 vide Finance Department's Notification No.FD(CRIV)262/77 (COC), dated 8th August, 1991, yet the proposal of making similar upgradation of the posts of COCs in Labour Courts was turned down vide Finance Department's U.No. FD (SRIV)262/77, dated 2481992. Aggrieved by the said U.O. Letter of the Finance Department the appellants preferred departmental appeals separately but they too were rejected by…

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