MUHAMMAD YOUNIS THAHEEM, J.- Through the instant writ petition, being filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioner Mrs. Jehan Ara has prayed for: "i) directing the respondents No.1, 2 and 2(i) for considering the petitioner as eligible for BPS-17 as Warden and also being entitled for promotion after rendering 05 years regular service in BPS-16 w.e.f. 05.12.2008; and simultaneously for..
(ii) Directing the respondents No.1 to 3 to upgrade the incumbency/post of Warden of Gomal University to BPS-17 in accord with the paradigm of the Peshawar University and also in accord with the up-gradation of the various posts under Gomal University vide No.948/GU/Pay dated 04.12.2014...simultaneously for
(iii) Grant of advance increments due to high qualification of M.A of the petitioner in BPS-16 05.12.2008 and for
(iv) Grant of presumptive pay of BPS-17 due to the entrustment of the Additional Charge of Assistant Provost BPS-17 which is being held by the petitioner w.e.f. 21/7/2012 till today and onward as well for
(v) Grant of any other appropriate relief in the present circumstances or in the altered circumstances from today".
2. Short facts of the instant petition are that on 26.9.1995, the petitioner was appointed as Warden on contract basis and subsequently on 05.12.2008, her services were regularized as Warden BPS-16 along with additional duty of Assistant Provost BPS-17 w.e.f. 31.7.2012. The petitioner, through representations, requested the respondents for up-gradation of the post of Warden to BPS-17 but of no avail. That the petitioner has been deprived of the presumptive pay of BPS-17 on account of assumption of additional charge of Assistant Provost BPS-17. Hence, the instant writ petition.
3. The respondents filed their para-wise comments, wherein it has been reiterated that there is no rule/policy or criteria for grant of BPS-17 after completion of six years in BPS-16.
4. Arguments heard and record gone through.
5. In another writ petition of similar nature bearing W.P. No.257/2014, titled Aslam Pervez Vs. Gomal University and 4 others", this Court has held as: "In the circumstances, we directed the respondents to consider the petitioner at par with those who were similarly placed with him and were granted up-gradation. It is further directed that while considering case of the petitioner, he shall not be discriminated in any manner. The writ petition is disposed of accordingly.
Similar other writ petitions bearing W.P. No.469/2009 and W.P. No.470/2009 were decided on 19.10.2010, whereas W.P. No.61-D/2013 was decided on 20.11.2013.
6. Perusal of record would show that petitioner being similarly placed person like employees of the University in above cited petition has been discriminated, therefore, we allow this petition and direct the respondents to consider the petitioner for the subject up-graded post. Moreover, as the petitioner is working as Assistant Provost in higher grade, so she is entitled for minimum pay of the higher grade post to which she has been officiated and is working for more than five years. In this respect the University though has not their separate regulations, so in that eventuality Fundamental Rules and Supplementary Rules framed by the Federal Government for civil servants, particularly in the light of Rule FR 30 and FR 31, the petitioner is entitled to draw the presumptive pay of the post thus is entitled for the minimum pay i.e. 1/5th of the basic pay of upper grade post in addition to her regular pay from the date of this judgment. In this respect reliance is placed on the judgment of Honourable Supreme Court cited as Islamic Republic of Pakistan through Secretary, Finance Division, Government of Pakistan, Islamabad Vs. Qazi Abdul Karim, Deputy Accountant- General, N. W.F.P., Peshawar and another 1983 SCM R-883, wherein it has been held that civil servant who officiated to a higher post is entitled to minimum pay of higher grade.