Khetaram & Ors (Petitioner) VS Province of Sindh & Others (Respondent)

IN THE HIGH COURT OF SINDH AT KARACHI

CP. No. D-6761 of 2019 (Khetaram & others v Province of Sindh & others ) Date Order with signature of Judge Before:

Mr. Justice Muhammad Karim Khan Agha Mr. Justice Adnan-ul-Karim Memon

Date of hearing and Order: 05.05.2025

Mr. Ali Asadullah Bullo advocate for the petitioners.

Mr. Ali Safdar Depar, AAG

ORDER

Adnan-ul-Karim Memon, J: The Petitioners request this Court to order the Respondents to upgrade the positions of Naka Munshi, Beldar, Plumber, Octroi Naib Qasid, Recovery Clerk, and Foreman, and to equalize their basic pay scales with those of other similarly situated employees within the Sindh Government.

2.The Petitioners, were appointed between 1987 and 1997 as Naka Munshi, Beldar, Recovery Clerk, Plumber, Octroi Naib Qasid, Naib Qasid, and Foreman (BS-1 to BS-9) with Respondents No. 3 and 4, the Petitioners remained in the same grades nearing retirement, despite similar posts seeing upgrades or promotions, and their requests for resolution have been unheeded.

3.The petitioners' counsel argued that despite this Court's directives for the Sindh government to establish upgradation and promotion procedures, implementation has been inconsistent and individualized. He asserted that the Petitioners' stagnant careers, despite their lengthy and unblemished service, constitute a violation of their fundamental rights under Articles 4, 9, 18, and 25 of the Constitution, as they face discriminatory treatment compared to other provincial employees in higher grades performing similar work. The counsel cited legal precedents, specifically 2013 PLC (CS) 592 and Supreme Court Civil Appeal No. 992 of 2014, to support the principle of equal pay for equal work and the High Court's authority in upgradation matters. He contended that the Respondents have contravened Articles 4, 9, 10, 18, and 25(A) of the Constitution. Therefore, the petitioners seek a court order compelling the respondents to upgrade their positions and equalize their basic pay scales with other similarly situated employees within the Sindh government. He also requested the Court to direct the Respondents to cease any harassment. He prayed to allow the petition.

4.The learned AAG has opposed the petition on the ground that this is a policy decision and this court lacks the jurisdiction. He prayed for dismissal of the instant petition.

5.We have heard the learned counsel for the parties and perused the record with their assistance and case law cited at the bar.

6.Essentially, the petitioners are requesting the Court to direct the government of Sindh to elevate the official standing of their specific jobs within the government's structure. This reclassification would result in higher pay and possibly improved benefits, bringing them in line with what other Sindh Government employees in comparable roles earn. They feel their current job levels and salaries do not adequately acknowledge their years of service and the nature of their duties relative to others.

7.This Court acknowledges that the final decision on upgrading these positions is a policy matter for the relevant government authority and as such decline to interfere in the same, accordingly the petition is dismissed.

JUDGE

Head of the Cost. Benches

Shafi