Full Judgment Text & Judicial Ruling

2007 P L C (C.S.) 540

[Lahore High Court]

Before Maulvi Anwarul Haq, J

Syed GHOUS ALI SHAH and another

Versus

DISTRICT ADMINISTRATION through District Nazim, Multan and 3 others

Writ Petition No.3540 of 2002, heard on 6th September, 2006.

Constitution of Pakistan (1973)---

----Art. 199---Constitutional petition---Civil service---Selection grade---Refusal to grant---Petitioners were employees of District Administration and vide a letter issued by Provincial Government, Zila Councils in the Province were directed to give selection grade to Goods Exit Tax Staff, but same was not done by Zila Councils---Petitioners had filed constitutional petition against said denial---Counsel for petitioners had produced copy of an order whereby selection grade had been granted to 49 similar employees with retrospective effect---Such position was affirmed by counsel for authorities---Allowing constitutional petition, authorities were directed by High Court to take steps so as to award selection grade to petitioners, as well.

Sh. Ghias-ul-Haq for Petitioners.

Zafarullah Khan Khakwani, A.A.-G. with Haji Muhammad Aslam Malik for Respondents.

Date of hearing: 6th September, 2006.

JUDGMENT

MAULVI ANWARUL HAQ, J.---This is rather an unfortunate case. Admittedly the petitioners are employees of the District Administration., Multan. Vide letter, dated 31-5-1994 issued by the Provincial Government (Annexure "A") the Zila Councils in the Province were directed to give selection grade to the Goods Exit Tax Staff. This was not done. The labour union of the petitioner employees filed Writ Petition No.3859 of 1997 in this Court. The matter was taken up on 6-6-1997 when it was stated on behalf of the respondents that the said allowances shall be given.

2. The grievance being made out in the writ petition is that the said selection grade has not been given so far. In the comments the said facts have not been denied, however, the position taken in additional comments is that selection grade scheme has been discontinued w.e.f. 22-10-2001. Learned counsel for the petitioner has produced copy of an order dated 30-1-2003 whereby the selection grade has been granted to 49 similar employees with retrospective effect. This position is affirmed by the learned counsel for the respondents.

3. In view of the said admitted position on record the writ petition is allowed inasmuch as the respondents are directed to take steps so as to award selection grade to the petitioners in terms of the earlier decision of the Provincial Government of course upto the date of discontinuation i.e. 22-10-2001 and thereafter pays and allowances be adjusted accordingly as per circular, dated 22-10-2001. The needful to be done not later than ten weeks of the date of this judgment which has been announced in open Court. No order as to costs.

H.B.T./G-21/L Petition allowed.

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