2017 PLP (C (PLC(CS)N)

MUHAMMAD YOUNIS THAHEEM, J.

Through the instant writ petition the petitioner seeks constitutional jurisdiction of this Court praying; "1. that the petitioner is entitled to get the benefits of Establishment Division O.M. dated 20.01.2001, O.M. No.8/73/2007-R-I dated 10th February, 2012 duly approved by Finance Division O.M. No.1(4)-1/2012-07/13 and granted up-gradation of the post of Senior Intelligence Officer-Deputy Superintendent from BPS-15 to BPS-16 from 20.01.2001 till the date of his superannuation on 12.04.2012 and the refusal thereof is illegal, without lawful authority and of no legal effect. 2. that the petitioner is entitled to get salaries, wages, benefits, seniority, back wages, emoluments, up-gradation, other allowances, Terminal dues and pensionary benefits applicable to the employees of Government of Pakistan in accordance with Establishment Division O.M. dated 20.01.2001 read with O.M. No.8/73/2007-R-1 dated 10th February, 2012 at par with BPS-16 officials and the non-payment, postponement, suspension, putting of and deferment is in excess of the powers and liable to be declared unlawful."

2. Brief facts of the present case are that the petitioner joined the service of Revenue Division, Federal Board of Revenue and was lastly posted as Senior Intelligence Officer in the office of Additional Director, Directorate General, Intelligence and Investigation, Regional Office, Phase-VII, Hayatabad Peshawar. The Federal Government through Establishment Division issued office Memorandum dated 20.01.2001 relating to the up-gradation of the post of officials from BPS-14 to BPS-16 which was confirmed by the Government of Pakistan through official communication O.M. No.8/73/2007-R-1 dated 10th February, 2012; that official in the Federal Board of Revenue through Office Memorandum F.No.9(10)S.IV-IR/2011-PI(242) dated 22.02.2012 requested Establishment Division, Government of Pakistan that up-gradation of the post of Inspectors Inland Revenue Department/Customs Department is covered under Para 2(a) as well as (d) of Establishment Division O.M. dated 20.01.2012 and the FBR also intends to bring uniformity in pay scales of the similar posts in different organizations like FIA, Police etc. The request was also made that the post of Inspector Inland Revenue Department/Customs Department may be up-graded from BPS-14 to 16 in order to bring uniformity as the post of Inspector has already been upgraded in other Departments; that the up-gradation in line with Finance Division (Regulation Wing) Office Memorandum No.19(55)Legal-II/2010-1050 dated 23.12.2011 Notification No.1152-C-III/2012 dated 22.05.2012 were issued through which the official of Revenue have been upgraded to the next higher grade; that the petitioner retired from the service on 12.04.2012 as Senior Intelligence Officer/ Deputy Superintendent but he was not up-graded from BPS-15 to BPS-16 and was deprived of this benefit. In this regard the petitioner made several requests for granting the benefits but effortless and various personal visits and communications have been served upon the respondents but in vain and as such the petitioner has left no efficacious remedy but to invoke the constitutional jurisdiction of this Court, hence this petition.

3. Admittedly, the petitioner serving as Senior Intelligence Officer in the office of Additional Director, Directorate General, Intelligence and Investigation, Regional Office, Phase-VII, Hayatabad, Peshawar, is a Civil Servant and the matter of appointment, promotion and up-gradation squarely falls under the terms and conditions of service, as such, the matter comes within the domain of Federal Service Tribunal. According to the petitioner he seeks relief regarding benefits which were given to the other similarly placed civil servants like him and referred the judgment of Supreme Court of Pakistan 2009 SCMR Page 1 and prays that he is squarely entitled for the same relief.

4. From the perusal of record it reveals that the petitioner was employed and could have invoked the competent jurisdiction for seeking the same relief as it is settled law laid down by the Apex Court time and again that the matter regarding the terms and conditions of the service could not be agitated before the High Court through constitution petition under Article 199 of the Constitution of Pakistan, 1973. Article 212 of the Constitution explicitly bars the jurisdiction of this Court in the matters exclusively triable by the Service Tribunal.

5. So for the reasons discussed above, this petition being not maintainable, however, office of this Court is directed to send the original writ petition to the appellate authority i.e. respondent No.3 treating it as departmental appeal. The learned departmental authority is expected to decide the same within one month preferably. So what has been discussed above, this petition is disposed of in the above terms. ZC/94/P Petition dispose of.