LAHORE: The Lahore High Court (LHC) has set aside the Punjab government’s decision to withdraw time-scale upgradation granted to four directors of physical education (DPEs), ruling that the officers were entitled to the benefit due to prolonged stagnation in service.
Justice Raheel Kamran announced the judgment, allowing writ petitions filed by Sultan Shahid and others challenging orders of the Punjab finance and higher education departments.
The petitioners were appointed as DPEs in BPS-16 through the Punjab Public Service Commission (PPSC) between 1987 and 1996 and were later upgraded to BPS-17 after acquiring higher qualifications. In 2019, the Punjab government introduced a policy granting time-scale promotion (TSP) to officers facing stagnation. Under the policy, the petitioners were granted two-step upgradation from BPS-17 to BPS-18 and then BPS-19 with retrospective effect from February 2019. However, the government later withdrew these benefits in 2023, citing policy clarifications limiting eligibility.
Opposing the petitions, the government argued that the disputes related to promotion fell within the jurisdiction of the service tribunal under Article 212 of the Constitution. However, Justice Kamran rejected this objection, holding that time-scale promotion is, in substance, personal upgradation rather than promotion. Relying on precedents of the Supreme Court of Pakistan, the judge ruled that such matters can be adjudicated in constitutional jurisdiction and are not barred by Article 212.
On merits of the case, the judge held that the petitioners had remained in BPS-17 for over two decades and had reached the maximum stage of their pay scale, clearly establishing stagnation. He observed that stagnation must be assessed based on actual career progression rather than the mere existence of promotional posts.
The judge ruled that the petitioners fell within the category of officers holding stagnant posts under the 2019 policy and were entitled to two time-scale upgradation.
Allowing the petitions, the judge set aside the impugned orders and ordered restoration of the petitioners’ upgradation along with all financial benefits. The judge also barred the government from any recovery proceedings based on the withdrawn benefits.
Published in Dawn, April 17th, 2026