ORDER SHEET
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Date Order with signature of Judge
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Present
Mr. Justice Muhammad Ali Mazhar
Mr. Justice Abdul Maalik Gaddi
Muhammad Lateef Kiayani……...………………….............Petitioner
V E R S U S
The Secretary, Ministry of Education,
Government of Sindh & others…………………………..Respondents
Date of hearing: 09.11.2016
Mr. Shahid Iqbal, Advocate a/w Petitioner.
Mr. Abdul Jalil Zubedi, A.A.G.
Ms. Farhana, Assistant Legal Section.
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Muhammad Ali Mazhar, J: The petitioner has approached this court for directions against the respondents No.2 and 3 to pass promotion order from BPS-14 to BPS-16 w.e.f. 20.05.2013 with all consequential benefits. Though no comments have been filed but the learned A.A.G. on instructions of the Assistant, Legal Section shown us the Notification dated 23.05.2014 and argued that on recommendation of Departmental Promotion Committee (DPC) on 24.04.2014 the petitioner has already been promoted from BS-14 to BS-16 as Admin Officer, Govt. College of Technology, SITE, Karachi. The counsel for the petitioner argued that though the promotion has been awarded but this should have been made effective from 20.05.2013. He further argued that the petitioner was deputed from Sindh Technical Education & Vocational Training Authority (STEVTA) to Pakistan Baitul Mall, Head Office, Islamabad for three years and during his deputation period the DPC was convened in the year 2013 but
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according to him the DPC deferred his case for the reason that he was on deputation. The learned counsel further argued that mere sending a person on deputation to some other government department does not mean to deprive him from the right of consideration for promotion by DPC.
2. At this juncture the learned A.A.G. submits that the proper course is to file the appeal/representation with all peculiar facts to the Managing Director, STEVTA and if any such appeal/representation is filed containing all relevant facts, the Managing Director, STEVTA will decide the appeal/ representation within a period of one month. The learned counsel for the petitioner agreed to this proposal. This petition is disposed of with the directions to the Managing Director, STEVTA that if any such departmental appeal/representation is filed, the same shall be decided within a period of one month after providing ample opportunity of hearing to the petitioner.
Copy of this order may be transmitted to the learned A.A.G.
Judge
Judge
Asif