ISLAMABAD: The Supreme Court declared that when a widespread and comprehensive policy is announced to benefit employees, it should be implemented big heartedly and generously, without adding any ifs and buts or discrimination that can stifle the main objective of the policy.
“In fact, an efficient policy implementation aligns with the actual targets and rationales of a policy to operationalize it and ensure its optimal impact rather than creating hindrances in its swift implementation,” it said.
A two-judge bench, comprising Justice Muhammad Ali Mazhar and Justice Syed Hasan Azhar Rizvi heard an appeal of secretary Establishment Division against the Islamabad High Court (IHC)’s order.
The short-lived facts of the case are; respondents were working in Naval Headquarters, Islamabad, as Machine Supervisors/Data Control Supervisors (BS-14) and Control Assistants (BS-12).
The Ministry of Defence on 19.06.2018, forwarded the case to the Management Services Wing, Establishment Division, for upgradation/re-designation of the posts of Control Assistant (BS-12) and Machine Supervisor/Data Control Supervisor (BS-14) to Data Control Officer (BS-16).
The Establishment Division, vide Office Memorandum (OM), dated 03.10.2019, accorded approval/concurrence for upgradation of the posts of Control Assistant from BS-12 to BS-14 and Machine Supervisor/Data Control Supervisor from BS-14 to BS-15.
Since the upgradation was not accorded, the respondents approached the Islamabad High Court, which directed the petitioner to upgrade the posts in light of the OM dated 20.01.2001 in order to rationalise the administrative structure of the department as has already been done in other departments including the MoD. The petitioner then filed an appeal before the Supreme Court.
The judgment authored by Justice Mazhar noted that in the present cases, not only did the department of the respondents fully supported the upgradation, but also communicated with the concerned quarter in order to espouse the interest of their employees.
The upgradation policy was approved by the Chief Executive, which should have been implemented in letter and spirit. However, it has often been observed that despite validly approved policies with a broad spectrum, instead of being implemented conscientiously within their purview and scope, the Finance Department or other departments, loyal more than the king, raise unwarranted objections to nullify the effect of these policies, rendering them unworkable or redundant; a demeanour that ought to be obviated.
The word “discrimination” essentially refers to different treatment of the same kind or class of persons or behaving less favourably towards them. During the course of employment, discrimination occurs when an employer treats an employee less favourably or disadvantageously than others without any intelligible differentia.
Equal treatment with equal opportunity is a cornerstone for an egalitarian society, while acts of discrimination in the workplace seriously undermine a harmonious working environment and create unrest among employees discriminated who are deprived of perks and privileges. In fact, the doctrine of equal treatment underscores the broad-spectrum canons envisioned for the protection of human rights.
Copyright Business Recorder, 2025
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