Law:

Section:

Civil service Upgrading of postUpgrading of a particular post or group of posts was matter of policy which could be decided by Authority concerned in its discretionUnless Authority's reluctance to upgrade a post or group of posts was arbitrary or capricious, it could not be compelled for ding so. Abdul Sattar Mughal for Appellant. Abdul Latif Ansari, A.A.G. for the Official Respondent. Date of hearing: 17th May, 1994 JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN). Being dissatisfied with the Finance Department's U.O. No: FD(SRIV) 215/84, dated 3111992 whereby the said Department regretted its inability to accede to the proposal of Administrative Department (i.e. Health Department) to upgrade the posts of Hakeems from BPS8 to BPS15, the appellant, Hakeem Fakhrduddin first filed departmental appeal dated 891993 before the Chief Secretary but as the said appeal remained undecided obviously for a statutory period of 90 days, he field the present appeal before this Tribunal on 19121993. The factual background of the present appeal is as follows. The appellant was appointed as Hakeem (BPS8) in District Sanghar vide order dated 24111986 of the then Deputy Director; Health Services, Hyderabad Division. Prior to his appointment as many as eleven Hakeems working in Khairpur District were allowed the benefit of BPS15, as personal to them until they held the existing posts vide Health Department's order dated 15th April, 1986. Again three more Hakeems of the same District were given similar benefit by Health Department's order dated 13th January, 1987. Somehow the appellant carne to know about allowing the enhanced pay scale (BPS15) to the Hakeems of Khairpur District by the end of January, 1988. He then made two representations, first dated 221988 and second dated 26111988 for giving him the benefit of BPS15. The matter was taken up with Finance Department which remained under correspondence until finally by the aforesaid U.O. Letter the said Department turned down the proposal of Health Department for up-gradation of the posts of Hakeems from BPS8 to BPS15. Hence the present appeal. We heard Mr. Abdul Sattar Mughal for the appellant and learned A.A.G. on behalfof the official…

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