' RIAZ AHMAD KHAN, J.--- This judgment is directed to dispose of Writ Petition No, 2062 of 2010.
2. Brief facts of the case are that Punjab Government created posts of Medical Assistants in BPS-12, which were upgraded to BS-15 on 30-12-1990. Again these posts were upgraded to BS-16 in the year 1990. In the year 1993, 33% quota of the posts of Medical Assistants were allocated for selection grade in BS-17. The same posts of Medical Assistants were created in Islamabad Capital Territory in. BS-8. The petitioners were appointed on the said posts on different dates, which were as follows:--- S. No.Name Designation/Grade Date of Appointment
1. M.M. Hussain Medical Assistant(BS-8)19-9-1990
2. Hameedullah Farooq Medical Assistant(BS-8)1-11-1982
3. Bashir Ahmed Medical Assistant(BS-8)28-7-1986
4. Zafar Iqbal Medical Assistant(BS-8)6-4-1987
5. Muhammad Latif AbidMedical Assistant(BS-8)17-12-1988
6. Atta ur Rehman Medical Assistant(BS-8)29-12-1988
7. Javed Iqbal Medical Assistant(BS-8)8-9-1990
8. Ghulam Nabi Medical Assistant(BS-8)4-9-1990
9. Afzal Abbas Medical Assistant(BS-8)1-11-1982 10.Muhammad Afzal KhanMedical Assistant(BS-8)21-4-1995
11. Latif Khan Medical Assistant(BS-8)11-8-1996 12.Shoukat Iqbal Medical Assistant(BS-8)21-10-1999 13.Muhammad Rauf Medical Assistant(BS-8)26-10-1999 14.Khalid Mehmood SabirMedical Assistant(BS-8)21-10-1999 15.Muhammad Saleem Medical Assistant(BS-8)15-4-1995 16.Shams-ur-Rehman Medical Assistant(BS-8)4-4-2008 17.Muhammad Iqbal Medical Assistant(BS-8)28-9-1987 ' The petitioners are working on these posts since the time of their appointment. The instant writ petition has been filed with the grievance that the petitioners are in the same position, as those of other colleagues in Punjab Government and they are entitled to equal treatment, so their posts are required to be upgraded to BPS-16 with effect from the date the petitioners were appointed on the posts with all back benefits.
3. Learned counsel for the petitioner contended that petitioners have been discriminated as nature of duties of Medical Assistant in Punjab as well as in Islamabad Capital Territory are the same, similarly, the qualification is also the same, but even then the petitioners working in Islamabad have been placed in BS-8, whereas the employees working on the same posts in Punjab are in BS-
16. According to learned counsel, it is clear violation of Articles 4 and 25 of the Constitution of Islamic Republic of Pakistan and liable to be struck down.
4. On the other hand, learned Deputy Attorney-General assisted by learned Standing counsel submitted that although, the qualification for the said posts is similar in Punjab as well as in Islamabad Capital Territory, however, petitioners had accepted the job in BS-8 and therefore, they cannot claim up gradation of the post. It was further submitted that the Punjab Government has got its own budget and the policies of the Punjab Government are not binding on the Islamabad Capital Territory. The petitioners are, therefore, not entitled to the relief claimed.
5. I have heard learned counsel for the parties and have also perused the record.
6. Admitted position in the present case is that qualification for the post of Medical Assistant is Matric, course of Medical Assistant from any medical faculty, and 3 years experience in the relevant field is also required. It is pertinent to mention that in the comments, respondents had written that qualification for the Medical Assistant in Punjab was F. Sc, but afterwards learned Standing counsel admitted that it was typographical mistake and the qualification was Matric. It was also admitted that qualification for the post of Medical Assistant in the Punjab and in Islamabad Capital Territory is the same. There is also no dispute regarding the fact that the nature of duty of Medical Assistant in Punjab as well as in Islamabad Capital Territory is the same. In addition to that Azad Kashmir Government has also upgraded the post of Medical Assistant and there too, Medical Assistants are in Grade 15/16.
7. Under Article 25 of the Constitution of Islamic Republic of Pakistan persons similarly placed have to be similarly treated, except on the basis of reasonable classification. When the qualification of both posts is the same and both officials are performing the same duties, the petitioners could not be treated differently. The argument that the petitioner had accepted the post in Grade-8 and now they cannot claim up gradation, is not correct, as up gradation is not part of terms and conditions of service. The claim of the petitioners is to be seen at the touchstone of Articles 4 and 25 of the Constitution. It is inalienable right of the petitioner to be treated in accordance with law, as in law there should be no discrimination, as all citizens are equal before law and are entitled to equal protection of law. There is no doubt that equality before law is subject to reasonable classification, but in the instant case there is no question of any classification. In this respect, I have sought guidance from PLD 195'7 SC 9, 2004 PLC (C.S.) 586, 2004 PLC (C.S.) 1089 and C.P. No,911 of 2011 titled as "The Secretary, Establishment Division, Islamabad and another v. Zameer Ahmed Thaheem and others.
8. In the above circumstances, I accept this writ petition. The respondents are directed to upgrade the posts of petitioners and bring them at par with similarly placed employees of Punjab Government.