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| Service Appeal to Federal Service Tribunal |
BEFORE
THE FEDERAL SERVICE TRIBUNAL
Appeal No.
______R (CS)/2013
__________________
Appellant
VERSUS
1.
Chairman, Railway
2.
Respondents
APPEAL
AGAINST THE IMPUGNED NOTIFICATION NO. 561-E/161-A (APO-IV) DATED 04-03-2013
WHEREIN CERTAIN POST / STE GROUP HAS BEEN UPGRADED AND THE APPELLANT WAS
DEPRIVED OF THE SAID BENEFIT AGAINST WHICH THE APPELLANT SUBMITTED DEPARTMENTAL
REPRESENTATION ON
PRAYER IN APPEAL: It is most respectfully prayed that the instant appeal may
kindly be accepted and the impugned notification may kindly be amended, altered
by including the post of the SDO with further prayer to direct the respondent to
remove anomaly created between the employees in the light of judgment in appeal
No. 209 to 255(R) (CS) /2007 dated 05-12-2008 and 1242 to 1256 (R) (CS) /2010
dated 11-12-2010 with all back consequential benefits. Any other relief which
this honourable tribunal deems fit may also be granted with cost.
Respectfully Sheweth:
1.
That
the appellant is working in respondent’s department as superintendent and
drawing BPS-16 (SDO).
2.
That
the Clerical Auditor Post have been upgraded by the Government of Pakistan finance
Division (regulation wing)
3.
That
the said notification was implemented by the respondents and deprived the
appellant from the benefit which is clear discrimination which continues since
long. The detail of up-gradation of scale in different cadre is as under:-
|
Category |
Up-Gradation
of Scale |
|
STE/BS-11 |
BS-14 |
|
GISTE/BS-12 |
BS-15 |
|
DISTE/BS-14 |
BS-16 |
|
Serial No. |
Post |
Previous
Scale |
Up
gradation Scale |
|
1. |
Lower
Division Clerk (LDC/Junior Clerk) |
BPS-5 |
BPS-7 |
|
2. |
Junior
Auditor |
BPS-5 |
BPS-7 |
|
3. |
Upper Division
Clerk (UDC/Senior Clerk) |
BPS-7 |
BPS-9 |
|
4. |
Assistant/
Head Clerk |
BPS-11 |
BPS-14 |
|
5. |
Senior Auditor
|
BPS-11 |
BPS-14 |
|
Serial No. |
Post |
Previous
Scale |
Up
gradation Scale |
|
1. |
District
Account Officer/ Account Officer |
BPS-17 |
BPS-18 |
|
2. |
Assistant
Account Officer |
BPS-16 |
BPS-17 |
|
3. |
Senior
Auditor/Assistant Supervisor |
BPS-14/15 |
BPS-16 |
|
4. |
Junior
Auditor |
BPS-7 |
BPS-11 |
4.
That
the Pakistan Water and Power Development Authority also upgraded the post through
notification dated 09-04-2013 whereby the authority enhancing pay scale of technical
diploma holders as under:-
|
Serial No. |
Post |
Previous
Scale |
Up
gradation Scale |
|
1. |
Sub
Engineer, Attendants and all post in BPS-11 for which the prescribed qualification
is 3 years Diploma from Govt. Poly Technical Institute |
BPS-11 |
BPS-14 |
|
2. |
Assistant
Foreman and all post in BPS12 and above for which the prescribed qualification
is 3 years Diploma from Govt. Poly Technic Institute |
BPS-12
& above |
BPS-13 |
|
3. |
Turbine
Operator |
BPS-12 |
BPS-14 |
5.
That
as per Article 4, 37 & 38 of the Constitution of Pakistan, all
the individual shall enjoy the protection of law and shall be treated in accordance with law and specially
article 37 provided that the state shall make provision for securing just and
humane condition of work.
6.
That
as per Article 25 of the constitution of
7.
That
the job of the appellant is same, the qualification has no difference, the
grade and scale are also same, therefore, once the grade was enhanced the
benefit should have been given equally and up-gradation was of the posts and it
should have been implemented without any discrimination. This issue is also
decided in appeal Nos. 1242 R(CS) 2010 to 1256 wherein the same discrimination
was removed the operation part of the said judgment is as under:-
“The member of the
Executive branch of the Railway demand that when the employees place in the
same pay scale have been upgraded, they be also allowed up-gradation. In this
regard we shall refer to Article 4, 37 and 38 of Constitution. Article-4 says
that all individuals shall enjoy the protection of law and shall be treated in
accordance with law. Article 37 provides that the state shall make provision for
securing just and humane condition of work. Article 38(e) directs the state to
reduce disparity in the income and earning of individual including person in
various classes of the service of
In the circumstances,
we direct the respondents to sympathetically consider the claim of appellants
for up-gradation of their posts”.
8.
That
earlier, on the same issue, the honourable Federal Service Tribunal vide
judgment dated 12-05-2008 in appeal No. 209 to 255, 265 to 325, 357 to 374, 399
to 456, 511 to 514, 573 to
623 the operation part of the said judgment is as under:-
“We accordingly direct
the respondent No. 1 to take up the issue of up-gradation of the post and
decide the same within 90 days of the receipt of this judgment in the light of
recommendation of respondent No. 2 & 3. All or any of appellants if still
agreed may approach the tribunal a fresh in accordance with law if so advised”
9.
That
the question of law has already been decided, therefore, the benefit of the same
should be extended to identical cases in similar circumstances (1996 SCMR 1185
and 2005 SCMR 449).
Other grounds will be
taken up at the time of arguments.
PRAYER:
It is most respectfully
prayed that the instant appeal may kindly be accepted and the impugned
notification may kindly be amended, altered by including the post of the SDO
with further prayer to direct the respondent to remove anomaly created between
the employees in the light of judgment in appeal No. 209 to 255(R) (CS) /2007
dated 05-12-2008 and 1242 to 1256 (R) (CS) /2010 dated 11-12-2010 with all back
consequential benefits.
Any other relief which
this honourable court deems fit and proper may also be awarded.
Appellant
Through
Advocate High
Court