The petitioners have prayed that the respondents be directed to upgrade their posts from BPS-08 to BPS-13. It is stated that they were recruited as photographers in the Jail Department in order to prepare the record of inmates of Jail and to prepare their photographs at the time of their entry.
They are fully equipped with the knowledge and possess the required qualifications and have been performing their duties effectively. It is stated that photographers working under the information Department of the Federal Government and Information & Culture Department of the Government of Punjab have been given BPS-13 but the petitioners are still working in the same pay and scale. It is urged that their applications/representations were forwarded to the concerned Officers of the Jail Department, Home Secretary to the Government of Punjab, Chief Minister of the Punjab, Prima Minister of Pakistan and Chief Justice of Pakistan but no action has been taken. It is urged that other employees of the Jail Department have been benefited by up-gradation of their posts so posts held by them should also be up-grated.
2. The learned counsel for the petitioner has reiterated the above contentions and contended that the petitioners had been deprived of equal right of protection of law and are being treated with discrimination.
3. The learned AAG has vehemently opposed the petition. It is contended that the petitioners have submitted the representations, which are pending before the Administrative and Finance Departments, Government of Punjab and as such the writ petition is pre-mature. It is also contended that all the photographers employed in the Jail Department are placed in the same grade and no one is given preferential treatment so the petitioners cannot claim that they are being treated with discrimination.
4. It is not denied that the applications submitted and the representations made by the petitioners are pending before the concerned departments of the Govt. of the Punjab. All the employees placed in the same cadre are in BPS-08 so the petitioners cannot claim that they are being treated with discrimination. The grant of higher pay scale is within the competence of concerned department of Government of the Punjab and this Court while exercising the jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 cannot pass the direction for up- gradation of the specific post unless it is established that the incumbent is not being treated equally with holder of the same post in the same Department. The higher pay grade to the persons employed in other Departments cannot be made basis for holding that the petitioners are not being treated equally or being given discriminatory treatment. The petition is without merits and the same is hereby dismissed. However, the concerned authorities should look into the matter on compassionate grounds and decide the representations/petitions, if still pending, expeditiously.