2024 PLP (C (PLC(CS))

RAJA SHAKEEL AHMED, J.

This writ petition is filed by the petitioners, who are holding the posts of Superintendents (BPS-17) in Anti-Terrorism Court No.1 GB and Custom and Banking Court GB, against the respondents, who are authorities of Provincial Government, by claiming re-designated/upgraded as Staff Officers (BPS-18) w.e.f. 1st June, 2020 on the analogy of the Superintendents of Subordinate Judiciary of Gilgit -Baltistan, with following prayer: "It is, therefore, humbly prayed that by accepting this writ petition, the respondents may kindly be directed to re-designate the post of Superintendent in the Anti-Terrorism Court No.1 GB and Custom and Banking Court GB as Staff Officer by upgrading the same from BPS-17 to BPS-18 along with incumbents with effect from 1st June, 2020 to remove the disparity and to meet the ends of justice."

2. Copy of the petition provided to the respondents for filing para-wise comments, who accordingly furnished the same through DAG, wherein denied the claim/plea of petitioner, but without any support, as such the case is heard by the DB of this Court for just decision of the matter.

3. The learned counsel for the petitioners contended that the petitioners filed a Writ Petition No. 132/2020, which was dismissed in limine subject to exhaust the proper forum. Accordingly, the petitioners filed an appeal before the competent authorities for re-designation/up-gradation of their posts, but the same became fruitless. There was no alternate remedy for petitioners to seek redressal of their grievances, except to invoke writ jurisdiction of this August Court. Petitioners are promoted to the posts of Superintendent (BPS-17) and they are still performing the duties of Superintendent in Special Courts of GB as the other Superintendents of District Judiciary were performing. The job nature of petitioners is quite same to the Superintendents of Subordinate Judiciary and the posts of Superintendents (BPS-17) of District Judiciary were re-designated/ upgraded as Staff Officer (BPS-18) w.e.f. 1st June, 2020 by the Hon'ble Chief Court GB, vide Notification No. CC-E-2/2020 dated 11th June, 2020. As such the same posts of Special Courts also demands to be re-designated/upgraded to remove the disparity among the persons equally placed in Subordinate Judiciary. Finally, the learned counsel for petitioners prayed as mentioned supra.

4. On the other hand, the learned Deputy Advocate General strongly opposed the contention of learned counsel for petitioners and contended that the petitioner has no right to be upgraded and the writ petition filed by the petitioner is baseless without any cause of action as no fundamental right of the petitioners has been infringed. The petition filed by the petitioners is meritless and not maintainable in the eye of law and liable to be dismissed. The petitioner may approach to an appropriate forum i.e. Service Tribunal. Lastly, the learned DAG prayed for dismissal of the petition.

5. We have considered the arguments advanced by the learned counsel for the parties pro and contra and perused the record of the case.

6. Perusal of available record it is evident that the petitioners are working on the post of Superintendent (BPS-17) in Anti-Terrorism Court and Custom and Banking Court of Gilgit-Baltistan and same post in District Judiciary is re-designated/upgraded as Staff Officer (BPS-18) w.e.f. 1st June, 2020 but the petitioners had not been up graded to bring them at par with the similarly placed persons. Qualification and nature of duty for the post of Superintendent in the Courts where the petitioners are working and Lower Judiciary of Gilgit Baltistan is same. Article 25 of the Constitution of Islamic Republic of Pakistan and which is Included in GB Governance Order, 2018 requires that persons similarly placed has to be treated similarly except on the basis of reasonable classification. Qualification and nature of duties of both posts being the same, petitioners cannot be treated differently. Petitioners in light of Articles 4 and 25 of the constitution have the inalienable right to be treated in accordance with law and are entitled to equal protection of Law.

7. Equality before law is subject to reasonable classification, but in case in hand there is no question of any classification. The post of superintendents in BPS-17 in sub-ordinate judiciary of Gilgit Baltistan has been re designated as Court Officers and up graded the same from BPS-17 to BPS-18 w.e.f. 1st June 2020 by the establishment of Gilgit Baltistan Chief Court Gilgit vide Notification No. CC-E 2/2020 dated 11th June 2020, hence the post holding by the petitioners i.e. Superintendent (BPS-17) is also needs to be re-designated/upgraded as per analogy of "Equal treatment among the equals".

8. The petitioners also referred a judgment of similar case decided by Divisional Bench of this court in Writ Petition No.301 of 2019 titled Akram Hussain v. Government of Gilgit Baltistan through Chief Secretary and 8 others, wherein the reader working in NAB Court Gilgit In BPS-10 sought the direction from this court for upgradation of his post form BPS-10 to BPS-16 on the Analogy that the post of Reader of all sub-ordinate Judiciary have already been up graded but the reader of NAB Court has yet not been upgraded which is discrimination on the part of respondents against the rights of the petitioner. This court vide its judgment dated 25/02/2021 accepted the writ petition and directed the respondents to upgrade the post of Reader from BPS-10 to BPS-16.

9. The upshot of above discussion is that the petitioners, being similarly placed in terms of their natures of job i.e. same type of work, service grade and qualification have clearly been discriminated in treatment by the respondent's vis- -vis their counter parts in the lower judiciary of Gilgit Baltistan.

10. Accordingly the writ petition filed by the petitioner is hereby accepted as prayed for and the respondents are directed to remove the cause of such discrimination by notifying the upgradation of petitioner's cadre for equal treatment bringing them at par with their counter parts working in the sub-ordinate judiciary of Gilgit Baltistan. The action shall be taken within a period of three months from the judgment of this court and submit compliance report to the registrar of this court without fail. Writ Petition No. 196/2021 disposed of accordingly. File. MQ/9/GB Petition accepted.