ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D- 4143 of 2016

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Date                        Order with signature of Judge

Present

Mr. Justice Muhammad Ali Mazhar.

Mr. Justice Abdul Maalik Gaddi.

Karim Bux Baluch & others ...………….                       Petitioner

V E R S U S

Federation of Pakistan,

& another                               …………….                    Respondents

Date of hearing 24.11.2016

Mr. Saadat Yar Khan advocate for the petitioners. 

Sh. Liaqat Hussain, Standing Counsel.

Rana Irfan-ul-Haq, Section Officer, Ministry of Housing & Works, Islamabad.

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Muhammad Ali Mazhar, J: Rana Irfan-ul-Haq, Section Officer, Ministry of Housing & Works, Government of Pakistan has clearly stated that when petitioner No. 2 & 3 will return back after completion of their training, they will be promoted as Superintendent Engineer, B.S-19 and their training will complete on 25.11.2016. While the names of petitioner No. 1 & 4 will be nominated tentatively in the month of December, 2016 to the Establishment Division for sending them to Mid Career Management Course (MCMC) and when they will complete their training, they will also be awarded grade 19 as Superintendent Engineer. At this juncture, learned counsel for the petitioners though agreed to the proposal and the statement given by the Section Officer of Ministry of Housing and Works but he shown anxiety that the issue of seniority will remain unresolved, therefore, he requests for some directions for maintaining the seniority of the petitioners as according to him their juniors have been promoted. In this regard, we clarify that the question of seniority, if any, may be raised by the petitioners departmentally where specific procedure is already available but at this stage, this court cannot determine or pass any order of seniority prematurely unless all four petitioners are promoted in B.S-19 and designated as Superintendent Engineer. Learned counsel for the petitioners further submits that earlier also petitioner No. 1 & 4 were nominated but their names were deleted. Learned Standing Counsel will ensure that at this time no discrimination will be committed with the petitioners and they will be treated in accordance with law so that their right of promotion on completing course may not be jeopardized. Petition is disposed of along with pending application.

                                                                      JUDGE

                                                JUDGE

Aadil Arab