Law:

Section:

(a) Constitution of Pakistan (1973)--------Arts.199, 25 & 212---Constitutional petition---Civil service---Terms and conditions of service ---Jurisdiction---Prospects of promotion--­Petitioners were aggrieved of unfairly discriminated treatment without any reasonable basis---Such treatment was against equality clause of the Constitution---Constitutional petition being riot about the terms and conditions of service but about the prospects of promotion and was not barred under Article 212 of the Constitution. Dr. Ehsan-ul-Haq v. The Province of Punjab and others 1980 SCMR 972 and I.A. Sharwani and others v. Government of Pakistan through Secretary, Finance Division, Islamabad and others 1991 SCMR 1041 ref. (b) Constitution of Pakistan (1973)--- ----Arts.199 & 25---Constitutional petition---Civil service---Equality clause---Equal opportunity in public employment---Petitioners were recruited with the same qualifications in the same scale of pay with consolidated seniority, must have equal prospect of promotion Constitutional petition was accepted with the direction that rules shall be amended/clarified accordingly. Muhammad Hanif Niazi, for Petitioners. Aamir Rehman, Addl. Advocate-General with Nawaz Manak, Assistant Director Legal, Environmental Protection Department for Respondents. Date of hearing: 27th September, 2004. JUDGMENT The petitioners are working as Laboratory Assistants (BS.6), in the Environmental Protection Department. Their grievance in this petition is that in the matter of advancement in the career, they have, un­fairly been, discriminated against vis-a-vis the Laboratory Helpers (Field Assistants). The facts of the case are noted hereunder. 2. According to the Environmental Protection Agency, Punjab Service Rules, 1989, the posts of Laboratory Helpers and Laboratory Assistants were in BS-5 in 'a joint cadre with a joint seniority. The method of recruitment to the aforesaid posts as well as the qualification were also the same and both were bracketed together for promotion as Lab Technician (BS-9). The aforesaid rules were replaced by ­Environmental Protection Department, Punjab Service Rules, 1997. The post of Laboratory Helper continued…

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