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Up-Gradation of IT Cadre Posts in
Khyber Pakhtunkhwa (KPK)


Computer Operator BS-12 to BS-16
Supreme Court of Pakistan disposed of the Govt of KPK appeal:: Up-gradation of Computer Operators BS-12 to BS-16 (Khyber Pakhtunkhwa) Judgment dated 19-06-2013 (The Govt. of KPK has filed a petition for leave to appeal against PHC Judgment dated 19-06-2013 in WP. 428/2012) Final Hearing on 26-11-2015 in Bench-1 Mr. Justice Anwar Zaheer Jamali HCJ, Mr. Justice Ejaz Afzal Khan, Mr. Justice Mushir Alam:: C.A. 230/2014 Govt. of KPK through Chief Secretary & others VS Najmul Saqib Noor & Others
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Judgment Issued
26-11-2015
Peshawar High Court issued the Judgment regarding Up-gradation of Khyber Pakhtunkhwa Computer Operators BS-12 to BS-16
PHC : On 19/6/13:: Alahamdullilah the Divisional Bench of Peshawar High Court, Peshawar consisting of Justice Waqar Ahmad Seth and Justice Musarrat Hilali in W.P 428/2012 "Najmul Saqib Noor & 148 others "vs" Govt of KPK, VS Establishment & Administration Department, Khyber Pakhtunkhwa " Writ Petition allowed the case of Computer Operators for upgradation of scale to BPS-16 in KPK
   
Supreme Court of Pakistan disposed of the Govt of KPK appeal
Up-gradation of Computer Operators BS-12 to BS-16 in Khyber Pakhtunkhwa
C.A. 230/2014 Govt. of KPK through Chief Secretary & others VS Najmul Saqib Noor & Others
The Govt. of KPK has filed a petition through Mian Saad Ullah Jandoli, AOR, A.G. KPK, Mr. Arshad Ali Ch., AOR
for leave to appeal against PHC Judgment dated 19-06-2013 in WP. 428/2012

Final Hearing on 26-11-2015 in Bench-1 Supreme Court of Pakistan
Before Mr. Justice Anwar Zaheer Jamali HCJ, Mr. Justice Ejaz Afzal Khan, Mr. Justice Mushir Alam
Dr. A. Basit, Sr. ASC, & Muhammad Aftab Alam Rana ASC (CO's advocate)

Judgment
ANWAR ZAHEER JAMALI C.J. by filling Writ Petition No. 428-P/2012 before the Peshawar High Court, the respondent Nos 1 to 149 by them in their service and on that basis, prayed for the following prayer:

"For the afroesaid reasons. It is therefore, humbly prayed that on acceptance of this writ petition, this Hon'able Court may graciously be pleased to decide the acts and action of the Respondents and their refusal to upgrade the posts of COMPUTER OPERATOR to BS-16 as without lawful authority of no legal effect and hence ineffective upon the rights of petitioners and this august Court may further be pleased to direct the Respondents to act the matter in accordance with law and to upgrade the posts of Computer Operators of the petitioners to BPS-16 with grant of once Advance increment with effect from the due date with all consequential back benefits."

The Peshawar High court in the impunged judgment dated 19-06-2013 has considered this aspect of the case and disposed of the petition as under:-

"For the reasons stated above, We allow this petition and direct the respondents to up-grade the post of the petitioners to BPS-16 with immediate effect with no order as to one advance increment. It is, however, clarified that the incumbents whose pay scale is being upgraded to B{S-16 as a consequence of this order will continue as such and their post will stand downgraded as and when vacted by the present incumbents while initial appointment on the same post as per service rules of Khyber Pakhtunkhawa like other Provinces of Punjab, Sindh and Baluchistan is still in BPS-12."

Hon'able court heard the arguments of learned Additional Advocate General for appellants (Govt of KPK) Sr. ASC for the respondents. Both of them agree for the disposal of this appeal in the terms that the Impugned Judgment is aside with the direction to the Provincial Government, KPK to look into the grievances of the respondents in the light of Aricle 38(e) of the Constitution and other enabling provisions of law to consider and redress their grievance.
Provincial Government shall decide this issue within a period of three months.

Very special thanks to Mr. Zaid Khan, Mr. Kamran Nasir, Mr. Safi Ullah, Mr. Habib, Mr. Shakil, Mr. Sajid and all relavant Computer Operators from various station of KPK who contact with us and inform to us. Insha'Allah hope for the best.



Peshawar High Court issued the Judgment regarding
Up-gradation of Khyber Pakhtunkhwa Computer Operators BS-12 to BS-16

PHC Hearing: 19/6/13:: Alahamdullilah the Divisional Bench of Peshawar High Court, Peshawar consisting of Justice Waqar Ahmad Seth and Justice Musarrat Hilali in W.P 428/2012 "Najmul Saqib Noor "vs" Govt of KPK" Writ Petition allowed the case of Computer Operators for upgradation of scale to BPS-16. in KPK.

19/06/2013 Judgment Peshawar High Court: "We allow this petition and direct the respondents to up-grade the post of the petitioners to BPS-16 with immediate effect with no order as to one advance increment. It is, however, clarified that the incumbents whose pay scale is being upgraded to B{S-16 as a consequence of this order will continue as such and their post will stand downgraded as and when vacted by the present incumbents while initial appointment on the same post as per service rules of Khyber Pakhtunkhawa like other Provinces of Punjab, Sindh and Baluchistan is still in BPS-12."
(A post delivered by Mr. Sajid Khan, Computer Operator Peshawar)


TO ALL COMPUTER OPERATORS OF KPK

Writ Petition No. 428-P/2012 filed by Mr. Najmul Saqib Noor, Computer Operator and 148 others VS
Establishment & Administration Department, Khyber Pakhtunkhwa

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