' Syed Arshad Ali, Member.--By this single common order, we intend to dispose of all the above titled appeals as common question of law is involved therein.
2. All the above appeals were fixed on different dates and on receipt of the copy of judgment of the Honorable Supreme Court judgment dated 11.01.2016 passed in Civil Appeal # 992 of 2014 (Chief Commissioner Inland Revenue & another vs. Muhammad Afzal Khan and others), all the above appeals were ordered to be fixed on one date i,e, 07.03.2016 and arguments of learned counsels for parties were heard.
3. In all the above appeals, question of up-gradation of the post is involved and as per following observation of the Honorable Supreme Court in the above-referred judgment, the Tribunal does not have jurisdiction in the matters pertaining to the claim of up gradation and the exclusive jurisdiction rests with the Honorable High Court in Constitutional Petition:-- "12. This Court in its aforesaid judgment has clearly held that up gradation cannot be construed as Promotion but could be granted through a policy of the Government. The contention of the learned Counsel for the Appellant that this Court in para 177 in the case of Contempt Proceedings against Chief Secretary Sindh (supra) has held that the High Court did not have the jurisdiction is not correct. In fact while explaining this position in review, this Court has clearly held that terms and conditions of service regulated by Civil Servants Act and Rules framed there-under can only be determined by a Service Tribunal. However, up gradation of Civil Servants can be made through a policy which does not require amendment either in the Civil Servants Act or the Rules framed there-under and can be challenged in a Constitutional Petition before the High Court. The Service Tribunals have no jurisdiction to entertain an Appeal relating to up gradation, which does not form part of the terms and conditions of service of a Civil Servant".
4. In view of the observations, so made by the Honorable Supreme Court of Pakistan, supra appeal is disposed of with direction to approach the forum available under the law, if so advised. No order as to costs.
5. Parties be informed accordingly.