Supreme Court of Pakistan announced Up-Gradation Jurisdiction in Civil Appeal No. 992 of 2014,
(Chief Commissioner Inland Revenue & other VS Muhammad Afzal Khan & others.
Final Date of Hearing: 11-01-2016
Before Justice Amir Hani Muslim, Justice Mushir Alam, Justice Maqbool Baqar
This Court in its aforesaid judgment has clearly held that up-gradation cannot be construed as Promotion but could be granted through a policy of the Government. The contention of the learned Counsel for the Appellant that this Court in para 177 in the case of Contempt Proceedings Against Chief Secretary Sindh (Supra) has held that the High Court did not have the jurisdiction, is not correct. In fact while explaining this position in review, this Court has clearly held that terms and condition of service regulated by Civil Servants Act and Rules framed there-under can only be determined by a Service Tribunal.
However, up-gradation of Civil Servants can be made through a policy which does not require amendment either in the Civil Servants Act or the Rules framed there-under and can be challenged in a Constitutional Petition before the High Court. The Service Tribunals have no jurisdiction to entertain an Appeal relating to up-gradation, which does not form part of the terms and conditions of Service of a Civil Servant.
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