ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-5291 of 2013

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                            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.

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