ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C.P.No.D-5291 of 2013
____________________________________________________________
Order
with signature of Judge
Present : Mr. Justice Muhammad Ali Mazhar
Mr. Justice Muhammad
Iqbal Mahar
Abdul Rahim Khatti and 03
others.
.
.Petitioners
Versus
Province
of Sindh and 03 others
....Respondents
Date of Hearing:- 02.05.2016
Mr.Ahmed Ali
Ghumro, advocate for the petitioners
Mr.Dhani Bux
Lashari, advocate for KW&SB
Mr.Abdul
Jabbar Qureshi, AAG
Muhammad
Ali Mazhar, J: The case of the petitioners is that they were
considered for their promotion in D.P.C., on 08.10.2012 but before
implementation of recommendations, a letter was received on 29th
November, 2013, whereby it was communicated that recommendations cannot be
implemented till the proper examination of each and every case by the
department. The petitioners have challenged this letter and also sought
directions against the respondents to issue their Notification of promotion in
terms of recommendations made by the D.P.C., on 08.10.2012.
Today
the learned counsel for the petitioners submits that during pendency of this
petition, the petitioners have already been considered in the D.P.C., held on
22nd September, 2014, and all petitioners have been promoted to the
post of Chief Engineer (BPS-20) on regular basis but they have been promoted
with immediate effect rather than the date of their recommendation made by the
D.P.C. The Notification dated 22nd September, 2014 is placed on
record which shows that one person Anwar Saeed Khan has been promoted with
effect from 20.08.2013 i.e., the date of recommendation of the D.P.C., but the
petitioners have been promoted with immediate effect under Rule 7-A(1) of the
Sindh Civil Servants (Appointment, Promotion & Transfer) Rules, 1974. The
learned counsel for the petitioners argued that this is highly discriminatory
act of the respondents that 05 persons were considered for promotion but the
petitioners have not been treated alike and they have been granted promotion
with immediate effect which is not only
highly discriminatory but also in contravention of relevant rules.
The respondent No.2 filed comments
twice. First comments were filed on 15.03.2014, in which it is admitted that
the D.P.C., was held on 20.08.2013 which considered 05 Superintending Engineer
(Civil) BPS-19 including the petitioners for promotion to the vacant posts of
BPS-20. It is further stated that the
matter has been sent for approval and necessary order will be issued accordingly.
On 12.01.2015 again the respondent No.2 filed comments in which it is stated
that the petitioners have been promoted as per the rules of the respondent
No.1.
Though
it is an admitted fact that the petitioners have been promoted but the issue
relates to the date of Notification. Under Rule 7-A(1) of the Sindh Civil
Servants (Appointment, Promotion & Transfer) Rules, 1974, it is provided
that the appointing authority may approve the promotion of an officer or
official from the date on which recommendation
of the Provincial Selection Board or, as the case may be, the Departmental
Promotion Committee is made. It is reiterated
that in one Notification, 05 persons have been notified for their
promotion but only one person has been given effect for promotion from
20.08.2013 and 04 other persons i.e.,
the petitioners have been promoted with immediate effect, which is not
only discriminatory but also not in accordance with law. On last date, learned AAG requested for time
to call Additional Secretary, S&GAD but today he is call absent nor any
intimation has been given by learned AAG for his non-presence. The counsel for
KW&SB submits that effective date of Notification or promotion has nothing
to do with KW&SB as it is the respondent No.1 and 2 who have jurisdiction
to decide the matter.
In
view of above, petition is disposed of with the directions to the respondents
No.1 and 2 to make effective the date of promotion of the petitioners with
effect from 20.08.2013 which is the date of their D.P.C., when recommendation
was made and it is also the same date
from which Anwar Saeed Khan has been promoted. The respondents shall issue
revise Notification accordingly within 02 months.
J
U D G E
J U D G E