MOHAMMAD IBRAHIM KHAN, J. The petitioners Tasawar Iqbal & others through this constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 have prayed: i. On acceptance of this writ petition, this Hon'ble Court may graciously be pleased to declare the impugned letter dated 28.01.2020 and act of respondents of not upgrading the posts of petitioners to the next higher grades and extending the equal treatment to petitioners like other departments of the Federal as well as Provincial Governments as without lawful authority and hence of no legal effect and the august court may further be pleased to direct the respondents to act in the matter in accordance with law and to upgrade the post of petitioners i.e. Junior Scale Stenographers from BPS-14 to BPS-16, Senior Scale Stenographers/ Personal Assistants BPS-16 to BPS-17, Private Secretaries BPS-17 to BPS-18 and Senior Private Secretaries BPS-18 to BPS-19 as per resolution of the Provincial Assembly on 23.05.2017 and recommendations of Standing Committee No. 25 of the Provincial Assembly of the Establishment in a meeting on 22.03.2017 with effect from the due date with all back benefits. ii. Any other relief as deemed appropriate in the circumstances of case not specifically asked for, may also be granted to petitioners.
2. The resume of this petition is that the petitioners are serving in different departments as Junior Scale Stenographers, Senior Scale Stenographers and Private Secretaries relying on the resolution of the Standing Committee No. 25 of the Provincial Assembly in its meeting held on 22.03.2017 for upgrading the posts of Junior Scale Stenographers to BPS-16, Senior Scale Stenographers/PAs to BPS-17, Private Secretaries to BPS-18 and Senior Private Secretaries to BPS-19 which was later on adopted by the Provincial Assembly in its meeting held on 23.05.2017 and forwarded the same to the Provincial Government for necessary action but to no avail. On 28.12.2017 some 75000 officials were upgraded except the petitioners hence, they filed W.P No.2363-P/2018 before Hon'ble Peshawar High Court, Peshawar which was later on decided on 02.12.2019 by directing the Provincial Government to place the case of petitioners before the Provincial Cabinet for consideration in accordance with law and rules however, the same was turned down in by the Cabinet in its meeting held on 23.01.2020 hence, this petition.
3. The respondents No. 1 to 4 were on high alert to file their joint para-wise comments wherein; the claim of the petitioners has been denied on various legal and factual grounds.
4. Arguments of learned counsel for the parties heard and record gone through with their valuable assistance.
5. First of all we would like to decide the two basic points for upgradation i.e. who will be entitled to upgradation and what will be the criteria for upgradation. Upgradation is always given to a person, who remained stuck in one pay-scale for considerable period of time in service or have no channel of promotion however, the main thrust of the petitioners herein is their upgradation in light of report of Standing Committee No.25 which was later on unanimously adopted by the Provincial Assembly in its meeting held on 23.05.2017. It is also a fact that when the resolution was placed before the Upgradation Committee constituted by the Provincial Government in view of the decision of this court rendered in W.P No.2363-P/2018 dated 02.12.02019, the matter was decided in the following terms: Up-gradation of StenographerCadreIn compliance of the directions of the Peshawar High Court in W.P No. 2363-P of 2018 with connected petitions, the matter was placed before the cabinet for re-consideration of upgradation of Stenographer cadre in accordance with the law, rules and policy. The Special Secretary (Regulation), Establishment Department apprised the cabinet that all the cadres have already been granted upgradation and are not entitled for further upgradation in the light of upgradation policy as successive upgradation is not covered in the said policy. There are sufficient chances of promotion and upward mobility of the cadre upto BPS-19 and attractive promotion avenue in the form of 8% quota is also available to them for promotion to PMS in addition to their own cadre. Besides this, 10% quota in PMS (In-Service) BS-17, selection on merit, reserved for ministerial staff of Civil Secretariat, also provide ample chances of career progression to stenographer in connection other petitioners working in attached departments have also been granted upgradation and they have their proper service structure for further promotion and upward mobility as upgradation is allowed to only those cadres which have neither been promoted/upgraded nor they have any chance and opportunity to be promoted to next higher grades. In case, these petitioners are granted upgradation then this will create serious anomaly in the cadres owing to the random seniority position in their respective list.
Besides, all the cases are thoroughly analyzed and assessed in the light of hardship criteria.
Principles of parity and other like cases enumerated in the upgradation policy and are not found entitled to the facility of upgradation.
The cabinet, therefore, after considering the cases turned down the request of petitioner for upgradation being not covered under the policy on the subject recommended by the department."
6. It is clear from the above that the posts of Junior Scale Stenographers, Senior Scale Stenographers, Private Secretaries etc have been upgraded on 19.06.2012 and according to Upgradation Policy of the Provincial Government, successive upgradation is not allowed therefore, the petitioners are not entitled to the second upgradation. Reliance is placed on 2022 SCMR 797 Muhammad Amjad Vs the Director General, Quetta Development Authority and another, the relevant are:
(c) Civil service---'Upgradation of post'---Scope---Expression-up-gradation is disparate and incongruent to the term promotion which is resorted to in order to ventilate the sufferings of employees from stagnation who are stuck up in some isolated posts without any pathway or probability of promotion despite satisfactory length of service in a particular post---Upgradation cannot be claimed as a matter of right but it is in fact based on a policy decision of the competent authority for its implementation across the board for the particular categories of employees jotted down in the scheme/notification who fulfill the required qualification which is normally a particular length of service in a particular pay scale.
Similar view has been taken in 2021 SCMR 1895 titled Fida Muhammad v. Government of Khyber Pakhtunkhwa which is:
(d) Civil service---'Upgradation of post' and 'promotion'---Distinction--- Promotion involves advancement in rank, grade or a footstep enroute for advancement to higher position, whereas the facility or benefit of upgradation simply confers some monetary benefits by granting a higher pay scale to ventilate stagnation.
7. The other aspect of upgradation is that when there is no chance of promotion in that eventuality a person can be upgraded however, in the case in hand, we have noticed that the petitioners have a proper promotion channels as contemplated in Schedule of the Government of Khyber Pakhtunkhwa Civil Secretariat (Private Secretaries) Service Rules, 2012, which are: Schedule (see Rule 3 & 4)
Nomenclature of postsMinimum qualification for appointment by initial recruitmentMethod of recruitment Senior Private Secretary-By promotion on the Basis of seniority-cum-fitness, from amongst the holders of the post of Private Secretary with at least five years' service as such.
Private Secretary-By promotion on the basis of seniority-cum-fitness, from amongst the holders of the post of Personal Assistant with at least two years' service as such.
Personal Assistant-By promotion on the basis of seniority-cum-fitness, from amongst the holders of the post of Senior Scale Stenographers with at least three years' service as such.
Senior Scale Stenographer-By promotion on the basis of seniority-cum-fitness, from amongst the Stenographers, with at least five years' service as such.
8. From the above, it is clear that the petitioners have not only been once upgraded in the year 2012 but they have also a channel of promotion hence, they are not entitled to subsequent upgradation.
Reliance in this behalf is placed on 2017 SCMR 890 titled Federal Public Service Commission through Secretary vs Anwar-ul-Haq (Private Secretary) Islamabad and others, the relevant is: "Upgradation is not a promotion, as generally misunderstood. Upgradation is carried out without necessarily to create posts in the relevant scales of pay it is carried out under a policy and specified scheme as done in the instant case through subject O.M dated 23.12.2011. It is resorted only for the incumbents of isolated posts, which have no avenues or channel of promotion at all.
Upgradation under the scheme is personal to the incumbents of the isolated posts, to address stagnation and frustration of incumbent on a particular post for sufficient length of service on particular post without any progression or avenue of promotion. Post of Stenographers/Private Secretaries is one of such kind of post, which has no avenues or channel of promotion to higher grades as may be available to other incumbents in civil service. Upgradation is carried out under a scheme and or a policy to incentivize and to encourage and to give financial benefits without creating additional vacancies of higher grade, upgradation by no standards could be treated and or considered as promotion to higher grade. Incumbent occupying ungraded post retain their substantive grade."
Similar view has been taken in 2013 PLC (C.S.) 1031 [Supreme Court (AJ&K)] titled Azad Government through Chief Secretary and another vs Raja Habibullah Khan and another which is: ----Sched.---Civil service--- Upgradation ---Claim on the basis of principle of parity with other departments only---Effect---Services of a civil servant were regulated by law-- -For each and every post, rules were enforced which clearly mentioned the grade of post, channel of promotion, criteria of upgradation of the post, promotion of incumbent and without any statutory provision, neither any civil servant could be granted higher grade in random manner nor could be any post upgraded.
9. In view of the above discussion, we are unison to hold that the prayers set by the petitioners in this petition for upgradation cannot be acceded to by this court under its constitutional jurisdiction.
Accordingly, this petition being meritless, stands dismissed.