livelawpk.com - The Upgradation, distinct from Promotion, is a Policy ---

The Upgradation, distinct from Promotion, is a Policy-Driven measure meant to address Disparities and ensure Uniformity --- Supreme Court of Pakistan

2 months
166

The Upgradation, distinct from Promotion, is a Policy-Driven measure meant to address Disparities and ensure Uniformity --- Supreme Court of Pakistan

Islamabad 27-01-2025: In a landmark ruling, the Supreme Court of Pakistan dismissed a government appeal against the Islamabad High Court’s judgment, which directed the upgradation of posts for employees serving in the Naval Headquarters. The decision, issued in [Civil Appeal No. 1671 of 2021], reinforces the principles of uniform policy implementation and equal treatment for government employees.

The case involved employees serving as Machine Supervisors/Data Control Supervisors (BS-14) and Control Assistants (BS-12), who sought upgradation to Data Control Officer (BS-16) to align with similar posts in other departments such as the Pakistan Military and the Federal Board of Revenue. Dissatisfied with partial upgradation granted in 2019, the Respondents approached the Islamabad High Court, which ruled in their favor, prompting the government to file an appeal in the Supreme Court of Pakistan.

The two-member bench, comprising Mr. Justice Muhammad Ali Mazhar and Mr. Justice Syed Hasan Azhar Rizvi, emphasized the following key principles:

The Court reiterated that upgradation is distinct from promotion and stems from policy decisions to address stagnation or ensure uniformity.
The Court stressed that upgradation policies must be applied consistently across departments to avoid discriminatory practices. Employees performing similar duties must be treated equally, as mandated by Article 25 of the Constitution of Pakistan.
While policymaking lies within the government’s domain, Courts can intervene to ensure fair and uniform implementation of policies once announced.
The Court held that discriminatory practices in upgradation violate constitutional guarantees and undermine workplace harmony. Financial constraints cannot justify such disparities.

The judgment drew upon [Civil Appeal No. 101 and 102-P of 2011], which clarified that upgradation is not equivalent to promotion, and the OM dated 20.01.2001, which sets the framework for upgradation policies. The Court further highlighted the constitutional principles of equality enshrined in Article 25.

The Supreme Court of Pakistan upheld the High Court’s decision, directing the government to upgrade the Respondents’ posts in accordance with the policy. The Court dismissed the appeal, emphasizing that validly approved policies must be implemented fairly and without unnecessary objections.