ORDER SHEET

HIGH COURT OF SINDH AT KARACHI

C.P No.D-620 of 2015

C.P.No.D-7577 of 2015

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DATE ORDER WITH SIGNATURE(S) OF JUDGE(S)

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C.P No.D-620 of 2015

Priority Case.

1. For hearing of Misc. No.38521/2015

2.For hearing of Misc.No.2799/2015

3.For hearing of main case.

C.P.No.D-7577 of 2015

1.For hearing of Misc.No.37327/2015

2.For hearing of main case.

12.01.2016.

Mr.Mohsin Kadir Shahwani, Advocate for the Petitioner (in C.P.No.D-620/2015)

Ch.Azhar Elahi, Advocate for the Petitioner (in C.P.No.D-7577/2015)

Mr.Muhammad Azam Khan and Mr.Muhammad Rizwan Saeed, Advocates for K.P.T.

Mr.Bashir Ahmed, Advocate for the respondent Nos.9 and 10 (in C.P.No.D-620/2015)

Mr.Shaikh Liaquat Hussain, Standing Counsel.

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Mr.Muhammad Azam Khan and Mr.Muhammad Rizwan Saeed, Advocates have filed Vakalatnama for K.P.T in C.P.No.D-7577/2015. Mr.Mohsin Kadir Shahwani, Advocate has filed Vakalatnama for respondent No.6 in C.P.No.D-7577/2015. Learned counsel for KPT (respondent Nos.2 to 7) in C.P.No.D-620/2015 has also filed parawise comments.

The petitioner in C.P.No.D-620/2015 has challenged the seniority list and also claims that she is senior most lady Medical Officer in BS-18 having 23 years of continued service with the respondent No.2. (Learned counsel for the petitioner submits that due to some typing error instead of 27 years, the word 23 years has been typed). Directions have also been sought against the respondents not to fill the post of Deputy Chief Medical Officer (BS-19) till the disposal of this petition and suspend the impugned seniority list. On 4.2.2015 as an interim measure this court directed the respondents that no promotion shall be made to the post of Deputy Chief Medical Officer (BS-19). During pendency of this petition the respondent No.9 has also filed her separate petition i.e. C.P.No.D-7577/2015 and also made respondent to Dr.Nasreen Mughal, who is petitioner in C.P.No.620/2015. Dr.Imrana Sohail (petitioner) sought declaration that the respondent No.6 neither eligible nor required to be considered for promotion as Deputy Chief Medical Officer BS-19. The issue between both the petitioners is that they are claiming seniority over the other and also claiming the same post of Lady Deputy Chief Medical Officer (BS-19).

Mr.Mohsin Kadir Shahwani, Advocate for the petitioner in C.P.No.D-620/2015 during pendency of this petition filed an application Misc.No.38521/2015 under Order 23 Rule 1 CPC for withdrawal of this petition on the premise that the respondents are going to consider the claim of the petitioner for promotion, while Ch.Azhar Elahi, Advocate for the Petitioner (in C.P.No.D-7577/2015) opposes this withdrawal and argued that if the case of Dr.Nasreen Mughal is considered for promotion without the case of his client Dr.Imrana Sohail, she will be seriously prejudiced and she will lose the right of promotion, therefore, he requests that the process of promotion should be stayed till disposal his petition also.

However, after arguing at some length all leaned counsel for the parties have agreed to a modality to resolve the issue that both the petitioners (Dr.Nasreen Mughal and Dr.Imrana Sohail) shall appear before the Internal Selection Board/Promotion Board and after verifying their credentials, antecedents, seniority, eligibility including previous records and ACRs/PERs the Selection Board will decide who is eligible for the promotion to the post of Deputy Chief Medical Officer (BS-19). Learned counsel for the KPT submits that the matter will be placed before the selection board after approval of the competent authority for considering the cases of both the petitioners and other potential candidates if any. This exercise shall be completed positively within one month.

In the above terms both the petitions are disposed of along with listed applications.

Judge