ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D- 2531 of 2016

______________________________________________________

Date                        Order with signature of Judge

Present

Mr. Justice Muhammad Ali Mazhar.

Mr. Justice Abdul Maalik Gaddi.

Saeed Akhter                          ...………….                       Petitioner

V E R S U S

The Karachi Metropolitan Corporation,

& another                               …………….                    Respondents

Date of hearing 23.11.2016

Petitioner is present a/w his counsel Mr. Abdul Salam Memon advocate. 

Respondent No.2 is present a/w his counsel M/s. M.M. Aqil Awan and Danish Rasheed advocates.

Mr. Iqbal Khurram, Advocate for the K.M.C. 

Mr. Abdul Jabbar Qureshi, AAG.

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Muhammad Ali Mazhar, J: The case of the petitioner is that the Superintendent, Law Department referred to the matter to the Metropolitan Commissioner, K.M.C. that the petitioner is legal advisor in B.S-19, K.M.C and post of Senior Director, Law, K.M.C., B.S-20 is vacant. In the note sheet, the credentials of petitioner are mentioned along with five years A.C.Rs, working paper and mandatory information proforma. Finally, the recommendations were made that the case of petitioner’s promotion may be placed before the D.P.C-I constituted vide Notification dated 012.09.2015 for considering his promotion on the vacant post of Senior Director Law B.S-20, Law department, K.M.C. At the same time, the petitioner has challenged the posting of the Respondent No.2 as Legal Advisor Litigation as according to him, this posting is against the internal Rules of the KMC.      

2.      At the very outset, Mr. M.M. Aqil Awan, learned counsel for the Respondent No.2 pointed out the prayer clause in which the petitioner has prayed that the office order dated 29.03.2016 is not applicable to the extent of petitioner. Further prayer has been made against the Respondent No.1 to repatriate the Respondent No.2 to his parent cadre in compliance of the judgment of the Hon’ble Supreme Court and the next prayer is for the directions against the Respondent No.1 to proceed the case of the petitioner for promotion to the post of Senior Director, Law, B.S-20. Learned counsel further pointed out page 59 which is a letter dated 01.03.2016, whereby, as stop gap arrangement, the petitioner an officer of B.S-19 was allowed to look after the work of Senior Director Law, B.S-20, Law Department, KMC with immediate effect, thereafter, learned counsel pointed out the compliance report dated 29.03.2016, whereby, the petitioner who was holding the post of B.S-20 on OPS was relieved and his relieving order was issued in pursuance of the Apex Court’s judgment passed in Cr. Org. Petition No.89 of 2011 and Civil Review Petition No.193 of 2015. The learned counsel argued that the petitioner is challenging the relieving order from O.P.S through this petition which is otherwise not maintainable as the Apex Court in their judgment in para-154 clearly held that if any person aggrieved on any action taken in pursuance of aforesaid dictum laid down by the Apex Court he may approach directly to the Supreme Court and file review application, therefore, these two prayers are not amenable to the writ jurisdiction of this court.    

3.      After arguing at some length, learned counsel for the petitioner submits that he would be satisfied if petitioner’s case is considered for promotion in view of the note sheet and working paper available at page 71 to 73. This statement seems to be reasonable, therefore, this petition is disposed of with pending application. Let K.M.C may consider the case of the petitioner for promotion within two (02) months in accordance with law. Interim order is also vacated.

                                                                      JUDGE

                                                JUDGE

Aadil Arab