C.P. No. 7/2011 in Sindh High Court Sukkur Bench issued the Judgment on Feb. 2012 case filed by Mr. Altaf Hussain Statistical Assistant, EDO Health Sukkur & 5 others from E.D.O Health at Sukkur, Shikarpur and Nawshero Feroze. VS Govt. of Sindh & Secretary Health, Secretary Finance Department & others (Download Judgment as PDF format )

Judgment

The petitioners are working as "Statistical Assistant" in office of E.D.O Health at Sukkur, Shikarpur and Nawshero Feroze. Some of them are in BS-11 while other are in BS-14. It is stated in para 2 of the petition that the petitioners are holding Master's Degree "in various subject". Vide notification dated 19th July 1987 posts of Statistical Investigator in Agriculture, Live Stock and Fisheries Department were upgraded from BS-11 to BS-16. Notification reads in the relevant part, as under:-
2. It has now been decided that the existing in-cumbents of the posts of Statistical Investigators may be upgraded from BS-11 to BS-16 who possess Master's Degree at least in second division in Economic/Statistics.
3. The existing incumbents who do not possess the qualification of M.A. Economics or Statistics (2nd Division) have also been allowed BS-16 as personal to them subject to the condition that they shall not be eligible for further promotion until they acquire Master's Degree in Economics or Statistics in 2nd Division.
4. For further recruitment, the qualification for the post of Statistical Investigator will be as under:-
Minimum Qualification:-
Master's Degree (2nd Class) in Statistics or Mathematics, Economics with special papers on Statistical Methods from a recognized University.
These order will take effect from the date of issue of this letter/notification.
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The petioners approached for up-gradation of their posts but it appears that their case were not decided. In the meanwhile a summary was moved to the Chief Minister Sindh where it was stated that Statistical Assistant employeed at Liaqat University Hospital had sent an application and it was recommended that their posts be upgraded to Statistical Officer BS-17, this summary was approved by the Chief Minister ordered that "in view of up-gradation allowed to Agriculture, Live Stock and Fisheries Department Statistical Assistants as informed in para(1) above. The proposal at para(3) is approved.
4. Learned counsel for the petitioners submitted that it amounts to discrimination because the qualification and the nature of job of all the Statistical Assistants is the same.

Thereafter vide notification dated 14th May 1991 the same posts were upgraded to BS-17, the relevant part of notification reads as under:
"It has now been decided that all existing posts of Economic Investigators and Statistical Investigator BPS-16 in the department concerned shall be upgraded to BPS-17 and re-designated as Research Officer and Statistical Officers respectively, subject to the condition that they pocessed the following qualifications:-
i. Statistical Officers: Master's Degree (IInd Division in Statistics or with Statistics as one Subject)
ii. Research Officer: Master's Degree (IInd Division) in Economics

By the Supreme Court, why similar treatment was not given to other similarly placed persons. The functionaries are well advised to keep in mind dictum of the Supreme Court that if a particular benefit is allowed to one category of employees then the same benefit should be allowed to other persons in the same category rather than forcing them to resort to litigation. If any one is need, reference may be made to Hameed Akhtar Niazi versus The Secretary, Establishment Division, Government of Pakistan and others (1996 SCMR 1185)

Order in Judgment
Since petitioners have not very clearly stated as to of which discipline do they hold the Master's Degree and since in notification relating to Agriculture, Live Stock and Fisheries Department the degree requirement is Master's Degree (IInd Division) in Statistics or with Statistics as one subject, the respondent are directed to upgrade the petitioners who hold that particular qualification and in respect of the petitioners who do not hold the specified qualification, notification dated 19th July 1987 be extended to them and both the above be done with effect from the date the Chief Minister approved the summary i.e. w.e.f 30-10-2007. This order be complied with within one month.

With the above directions this constitution petition is disposed of.

This order send to us Mr. Liaquat Khan from Sindh