Pakistan Case Law← Search
2023 PLC (C.S) 802

Sher Khan vs Secretary, Establishment (Establishment Division), Cabinet

Citation2023 PLC (C.S) 802
CourtPeshawar High Court
Case No.Writ Petition No.536-P of 2016
Date2021-11-03
Judge(s)Lal Jan Khattak, Musarrat Hilali
ResultPetition dismissed

JUDGM ENT

LAL JAN KHATTAK, J. Petitioner has prayed to this court for issuance of an appropriate writ directing the respondents to upgrade him as Stenographer (BS-16) with effect from 23.12.2011 with all back benefits and then further promote him to BS-18 by adopting the uniform policy of Pakistan Railways and the Government of Pakistan as well.

2. Brief facts of the case are that the petitioner had started his carrier as a Lower Division Clerk (BS- 05) in Pakistan Railways and was then promoted as Upper Division Clerk (BS-07) on 25.04.1987 whereafter he was nominated as Stenotypist (BS-12) and then promoted as Stenographer (BS-15) vide order dated 31.05.2005. Subsequently, vide Office Memorandum dated 23.12.2011, his post was upgraded from BS-15 to BS-16. It is now his case that the respondents be ordered to upgrade his post of Stenographer to (BS-16) from 23.12.2011 and then onward promotion be also given to him.

3. Parawise comments were called for from the respondents which have been so furnished wherein issuance of the desired writ has been opposed.

4. Arguments heard and record gone through.

5. No doubt, vide Office Memorandum dated 23.12.2011, the post of Stenographer was upgraded from BS-15 to BS-16 but pertinent aspect of the petitioner's case is that he was already allowed up- gradation by the respondents from BS-15 to BS-16 from 01.07.2007 and pursuant to his such up- gradation his pay was fixed in the upgraded scale. Notwithstanding the above, the petitioner thereafter was promoted/upgraded to BS-17 vide letter dated 30.05.2018. It is further worth to note that the petitioner stood retired from service on 23.08.2018 on reaching his superannuation whereas the instant petition has been filed on 25.05.2021 which is hit by latches.

6. As the petitioner was earlier granted up-gradation to BS-16 in the year 2007 and he was receiving his pay and allowances of the upgraded post since 2007, therefore, he is not entitled to second up gradation as desired by him.

7. For what has been discussed above, this petition, being bereft of any merit, is hereby dismissed.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search