Dr. Fahim Ullah Khan and others Vs University of Science & Technology, Bannu and others

JUDGMENT SHEET

(Judicial Department)

C.M.No.262-812022.

Dr. Fahim Ullah Khan and others

Versus

University of Science & Technology, Bannu and others

JUDGMENT

Date of hearing: 21,5.2025.

For petitioners: Mr. Zahid-ul-Haq, Advocate.

For respondents: Mr. Hamid Khan, Advocate.

M(IHAMtuIAD TARIO AFRIDI., J.'The petitioners filed the instant writ petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, a seeking a direction to the respondents for their promotion from the post of Lab Assistant (BPS'12) to Laboratory Superintendent (BPS-17), along with all back benefits, in accordance with the relevant law, rules, ffid policy. In the alternative, they prayed for their promotion on a time-scale basis in case of non-availability of regular posts.

2.The case of the petitioners is that they were initially appointed as Laboratory Assistants in BPS-ll through separate appointment orders dated 14.04.2011, issued by the respondent-University. Subsequently, their posts were up- graded to BPS-12 vide notification dated 30.06.2015.

According to the petitioners, under the University of

Fr Science & Technology, Bannu Statutes, 2018, the eligibility criteria for the post of Laboratory Supervisor (BPS-14) include either (i) three yeaxs of service in BPS-12 in the relevant field at the University, or (ii) possession of a B.Sc.

degree along with two years of service in BPS-ll in the relevant field. For the post of Laboratory Superintendent (BPS-17), the requirement is five years of service in BPS-14 in the relevant field, or alternatively, a B.Sc. degree with two years of service in BPS-14. The petitioners assert that they fulfill the required experience and qualifications for promotion both to the post of Laboratory Supervisor (BPS-

14)and further to the post of Laboratory Superintendent (BPS-17), in accordance with the statutory criteria. It is 4 further contended that several similarly placed employees of the respondent-University, who were also initially appointed as Lab Assistants in BPS-I l, have already been granted promotion. They were first granted time-scale promotions from BPS-12 to BPS-14 and, upon creation of regular posts, were promoted to the post of Laboratory Supervisor (BPS-

14)vide notification No. USTB/Register-10-3464 dated 12.08.2015 and office order No. USTB/Register- 5(21)Nol.IVl08 dated 29.05.2018. The petitioners turther submitted that some of those colleagues were subsequently promoted from the post of Laboratory Supervisor (BPS-14) to that of Laboratory Superintendent (BPS-17), as per office order No. USTBlRegisterll2(72yl79 dated 03.03.2022.

Despite making several representations to the respondent- University, requesting similar treatment, the petitioners were not considered for promotion, either regular or time-scale basis. Feeling aggrieved, the petitioners approached this Court through the instant constitutional petition, seeking redress for the alleged discriminatory treatment and enforcement of their right to fair and equal consideration in promotion.

3.Arguments heard. Record perused.

4.After hearing the learned counsel for the parties and perusing the record, the writ petition is found to be without merit for the following reasons:

f 5. Admiuedly, the petitioners were initially appointed as Laboratory Assistants (BPS-11) in the respondent- University and were subsequently granted BPS-12. They have prayed for promotion directly to the post of Laboratory Superintendent (BPS-17) or, in the alternative, time-scale promotion with back benefits.

6.Under the University of Science & Technology, Bannu Statutes, 201,8, the eligibility criteria for promotion to the post of Laboratory Supervisor (BPS-14) includes either (i) three (03) years of service in BPS-12 in the relevant field within the University; or (ii) possession of a B.Sc. degree with two (02) years of service in BPS-I1 in the relevant field. The criteria for promotion to the post of Laboratory Superintendent (BPS-17), as per the same

a Statutes, is (i) five (05) years of service in BPS-14 in the relevant field (i.e., as Laboratory Supervisor); or (ii) possession of a B.Sc. degree with trro (02) years of service in BPS-14 in the relevant field.

7.It is not denied that the petitioners may be eligible for promotion to the post of Laboratory Supervisor (BPS-14), subject to fulfillment of the prescribed service period and availability of vacant posts. However, for promotion to the post of Laboratory Superintendent (BPS-17), the petitioners admiuedly lack the requisite experience as Laboratory Supervisors, which is a mandatory condition under the statutes of 2018. It is also noted that the question of whether the petitioners are serving in a "relevant field" is to be 4 determined by the University itself, especially considering the diversity of departments and laboratories under its administrative control. Similarly, promotion in the University is conditional upon the availability of sanctioned posts in the higher scales and fulfillment of eligibility criteria including seniority-cum-fitness.

8.The record shows that those employees who were promoted to the post of Laboratory Supervisor (BPS'1a) had fulfilled the relevant criteria and were senior to the petitioners. Therefore, the claim of the petitioners for equal treatment with those promoted employees is legally misconceived. The petitioners, therefore, cannot bypass the statutory requirements and seek promotion to the post of

Laboratory Superintendent (BPS-17) without first fulfilling the necessary service in BPS-14 as Laboratory Supervisor' Their plea for time-scale promotion to BPS-17 also lacks merit, as such progression is not automatic and is subject to specific criteria and availability of positions'

9.In view of the above, the petitioners have failed to make out a case for interference by this Court in constitutional jurisdiction. The relief sought by the petitioners is not supported by the statutory framework governing promotions in the respondent-University' The writ petition is accordingly dismissed.

,L

Announced.

Dt:21.5.2025.

Imranf JADGE

JUDGE

(D.B)

Hon'ble Mt. Justice LluhannadToriq Afridi Hon'ble Mr. Justice Ab&tl FoYu

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