The Islamabad High Court, Islamabad has issued its decision on 14-07-2015 in connection with the Upgradation/Promotion of Lab Assistants. The summary of the same is as under:
Petitioners are Laboratory Assistants BPS-07 in Federal Directorate of Education. They are aggrieved by the role of their employer department for not framing rules to carve a promotional avenue for their career advancement due to which they are stuck in one grade for the last about 38 years.
It is admitted position that petitioners are stuck in one grade for the last 40 years which amounts to depriving them of the right of pursuing better career prospect. It is established law that right to earn livelihood through a legitimate occupation is analogous to right of life which has been guaranteed under the Constitution. Moreover, it went un-rebutted that vide Notification dated 03-09-2014 issued by the Provincial Government of Khyber Pakhtunkhwa, the same post of Laboratory Assistant BPS-07 with equal responsibilities and nature higher post of Se. Lab Assistant and onward upto the Lab Superintendent, therefore, denial of equal treatment to petitioners would be discriminatory.
In view of the above, the petition is allowed in terms that respondent No.1 shall expeditiously peruse the amendment in rule on the pattern of the provincial government and shall submit progress report after three months through the Registrar for perusal in Chambers.
Special thanks to Rana Sahab for sending the copy of the IHC orders.