' MAZHAR ALAM KHAN MIANKHEL, J.--- The petitioner through instant petition has asked for issuance of an appropriate writ directing the respondents Nos.1 to 3 to implement the directives of the Chief Minister of the Province in letter and spirit by giving him one step up promotion.
2.The brief but the material facts of the case are that the Chief Minister of the Province, during his visit to Swat on 10-6-2009, had awarded one step up promotion as a token of encouragement and appreciation of the services rendered by the officials/officers who were available during Swat Operation. The directive of the Chief Executive was with regard to two categories of officials/officers:-
(a) Sepoy to D.S.P./on Acting Charge Basis of Police Force;
(b) Patwari to Tehsildar of Revenue Department.
' The Inspector-General of Police and the Senior Member Board of Revenue were directed to take necessary action and submit their compliance report. A proper Notification in this regard was issued vide No,SO-III/OMS/NWFP/6-6/2009/Swat, dated Peshawar the 13th June, 2009. The District Coordination Officer, Swat accordingly recommended the names of different officials including the name of petitioner at serial No,2 of his letter dated 25-6-2009 and in continuation of the same, the Senior Member Board of Revenue forwarded the names of the officials to the Secretary to Government of N.-W.F.P. Home arid Tribal Affairs Department for compliance. Instead of compliance of the directive of the Chief Executive in letter and spirit, the petitioner along'with one another Niaz Muhammad Tehsildar were granted next higher pay scale i,e, BPS-17, as personal to them for the purpose of pay alone. So, feeling himself aggrieved, the petitioner has approached this Court through instant writ petition.
3. Learned counsel for the petitioner vehemently contended that the directive of the Chief Executive was clear cut one step up promotion and the impugned order for grant of next higher pay scale for the purpose of pay alone is in clear defiance of the Chief Executive's directive; that the impugned order is against the N.-W.F.P. Government Rules of Business 1985, as the summary prepared for the compliance did not reach back to the person i,e, Chief Executive issuing the directive and the Finance Department unlawfully refused the compliance. He next contended that many other officials have been benefited from the said directive by submitting the photocopies of certain orders made in this behalf, but the petitioner was discriminated which is against the settled law of the land.
' As against that, the learned A.A.-G. Submitted that the directive of the Chief Executive was complied with in its letter and spirit with the consultation of Law Department, Board of Revenue and Finance Department; that all such orders made by the concerned authorities in the light of the directives of the Chief Executive were of the same nature as that of the petitioner, so no discrimination has been met out to the petitioner; that there is no provision in any law/rules regarding one step up promotion, so in this view of the matter, a summary for grant of next higher scale for the purpose of drawl of pay alone, was approved by the competent authority and accordingly notification dated 4-1-2010 in this regard was issued, so, the present petition being frivolous is not maintainable and liable to be dismissal.
4. The learned counsel for the petitioner and learned A.A.-G. For official respondents were heard and record of the case was perused.
5. It is clear from the record that the Chief Executive had issued a directive in this regard vide notification dated 13-6-2009, which in itself is clear that the promotion so promised was one step up promotion and there was no such distinction that it would be just for grant of next higher pay scale for the purpose of pay alone. The photocopies of other officials who benefited from this directive would also reveal that one step up promotion was given to the officials as personal with the condition that the post shall automatically stand downgraded to its original rank on vacation of the concerned official by transfer, promotion or retirement. The relevant portion of one of the order dated 14-6-2010 is reproduced as under:--- "The following Sub-Inspectors of Swat District. Police on active duty in operation period as personal are hereby promoted to the rank of Inspector (BPS 16) subject to the condition that the post shall automatically stand downgraded to its original rank on vacation by the concerned official by transfer, promotion or retirement."
' A look at the above-quoted order would reveal that the beneficiaries were granted one step up promotion to next higher pay scale to all intents and purposes. No such distinction has made that it I would be for the purpose of drawl of pay alone as .In the case of the petitioner, but this promotion ordered to be personal to them.
' The reasons extended by the respondents for grant of next higher pay scale for the purpose of drawl of pay alone is nothing, but the displeasure expressed by the Secretary Finance in the summary, as one step up promotion would entail' an additional expenditure of millions of rupees per annum. As per Rules of N.-W.F.P. Business Rules, 1985, this summary should have been sent to the person on whose instance directive/policy was initiated, who was none else but the Chief Executive of the Province. He, under the Rules of Business, ibid, was the persons supposed to pass an order and not the Finance Secretary, but strange enough, this summary was then not forwarded to the Chief. Executive which, on the face of it is in clear derogation of the N.-W.F.P. Government Rules of Business 1985.
' We are unable, to understand, when one step up promotion was announced by the Chief Executive of the Province without laying down any condition, then how the Secretary Finance would be a person to disagree with the same. His displeasure deprived the petitioner to get benefits of the policy, especially when other Provincial Government employees were granted' benefit of the said policy. This score alone would be sufficient for grant of benefit to the petitioner, as he would also require alike treatment.
' We, at this stage of the case, can be benefited of the ratio of the judgment rendered in Writ Petition No,1536 of 2009 dated 24-2-2011. The relevant Para in this regard is reproduced below:--- "(6) A look at the above quoted provision reveals that it provides guidelines as regards minimum criteria and qualification for appointment, promotion, salary structure in consultation with the Finance Division and other terms and conditions of service of faculty for adoption by individual institutions and review its implementation. It, by no stretch of imagination, hampers or impedes the up-.Gradation of the posts of teachers in general and professors in particular. Quite apart from this, once up-gradation of the posts of teachers has been announced by the Prime Minister, of Pakistan without laying down any condition, we don't think, the Higher Education Commission can step-in to impose its own by seeking refuge under section 10(q) of the Ordinance. The learned counsel appearing on behalf of Khyber Medical University has no objection to the up-gradation so long as it' is not impeded by the Higher Education Commission".
So, in this view of the matter, we are constrained to hold that the directive of the Chief Executive was clear in all its intents and purposes which not only was defied, but discrimination was also met out to the petitioner, which is clear violation of Article-25 of the Constitution of Islamic Republic of Pakistan, 1973, which provides equality of all citizens before law.
' Thus, we, in the circumstances, have no other option but to allow this writ petition by directing the respondents to grant one-step up promotion to the petitioner which would be person specific without prejudice to the rights of other employees and without affecting the matter of seniority, inter se, the other officials. The post of the petitioner would automatically stand downgraded to their original scale as and when vacated by the petitioner on account of his transfer or retirement.
' This writ petition is disposed of accordingly.