The Punjab Service Tribunal Lahore has given its decision on 28th October 2013 in connection with the Up-Gradation of Deputy Accountants from BPS-14 to BPS-16. The comparative chart of the Federal Govt Employees and their counterparts in the Provincial Govt given in the grounds of appeals is as under:
|Audit Department||Treasury Department|
|Junior Auditor||Junior Clerk|
|Senior Auditor (BPS-16)||Deputy Accountant (BPS-14)|
|Assistant Accounts Officer BPS-17||Deputy District Accounts Officer BPS-17|
|District Accounts Officer BPS-18||District Accounts Officer BPS-18|
The appellants possess the similar qualifications, nature of the duties performed are similar, work under the same roof and same officer. Similarly placed are to be treated similarly. No doubt the Punjab Govt works independently under the constitution but generally it follows the pay scales sanctioned by the Federal Govt.If two different pay scales are given to the Federal Govt Employees and the Provincial Govt Employees it may amount to extracting labour and exploitation under Article-3 of the Constitution of Islamic Republic of Pakistan. I tend to agree with the judgment of Lahore High Court 2004 PLC (CS) 586 that it is violation of the Article 2-A, 3, 25, 37 and 38 of the Constitution of Islamic Republic of Pakistan, 1973.
As far as the other two contentions of the respondents that the service structure will be affected and Govt of the Punjab will have to bear extra financial burden of Rs. 46.44 million, suffice to say that the service structure and financial constrains cannot stand in the way of Constitution. According to the chart placed on record by the appellants, respondent Provincial Govt will have to bear extra burden of Rs. 209,370/- whereas as per calculation of the respondent Finance Department the financial impact would be Rs. 46.44 million. This tribunal has no expertise in accounts that is not a big loss for the Provincial Govt. The law has to prevail. The up-gradations have already been made in Education Department, Police Department,, Excise & Taxation Department, Jail Department etc, there seems no reason that up-gradation should not be granted to the appellants.
In view of the above matter, all the appeals are accepted; impugned order dated 26-07-2012 is set aside. The appellants are declared to be entitled BPS-16.The Secretary Finance Department Punjab is directed to pass necessary orders in the light of the observations made above in order to remove the disparity/discrimination.
This Post has been delivered by Mr. Ghulam Mustafa Ch.
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