4047/2015 Const. P. Muhammad Ali Javed and Ors (Petitioner) V/S Province of Sindh and Ors (Respondent)

4047/2015 Const. P. Muhammad Ali Javed and Ors (Petitioner) V/S Province of Sindh and Ors (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author) Order Date: 22-OCT-19

The general principles of up-gradation that to our mind emerge from the enunciations of the Supreme Court can be elucidated as follows: (i) Up-gradation is not the same as promotion, the latter being a term specifically defined in civil service statutes; (ii) Up-gradation is essentially an upgrade of the post to a higher pay-scale and not a promotion to a higher grade. Thus, the incumbent of the upgraded post retains his substantive grade; (iii) Up-gradation is meant for isolated posts, where the service structure does not provide avenues for promotion to a higher pay-scale thus putting the incumbent at a disadvantage as compared to other employees, its purpose being to address the stagnation and frustration of the employee of such post so that he/she remains productive; (iv) To justify up-gradation, the Government will have to demonstrate that it is required for restructuring or reforming the department or to meet exigencies of service in the public interest. In other words, up-gradation should be pursuant to a scheme or a policy; (v) Up-gradation should not be to the prejudice of other employees and should not be used to by-pass prescribed rules of promotion. Rel. Ali Azhar Khan Baloch v. Province of Sindh (2015 SCMR 456); Regional Commissioner Income Tax v. Munawar Ali (2017 PLC (C.S.) 1030); and Federal Public Service Commission v. Anwar-ul-Haq (2017 SCMR 890).