IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

CP D577 of 2019                 :           Ahmed Ali Tunio vs.

Federation of Pakistan & others

For the Petitioner                 :           Mr. Ali Azhar Tunio, Advocate

For Respondent No.1         :           Mr. Muhammad Imran Abbasi

Assistant Attorney General

For the Respondents          :           Mr. Asif Hussain Chandio, Advocate

No.2 to 6

Dates of hearing                  :           08.03.2022.

Date of announcement      :           08.03.2022.

ORDER

Agha Faisal, J.         The petitioner, stated to be an employee of SEPCO, has fled this petition seeking his promotion. The comments filed by the respondent have provided a detailed account and concluded that the petitioner was not entitled to the promotion claimed. Promotion is predicated upon fitness coupled with eligibility and the said decision is best vested in the employer, to be exercised per the settled principles of law. Notwithstanding the foregoing, per the Judgment of a Division Bench of this Court in Noor Muhammad Chandio vs. Federation of Pakistan & Others (CP D 821 of 2021 - Sukkur) dated 10.02.2022, no writ lies against SEPCO in respect of service matters on account of non-existence of statutory rules. No counter has been filed by the petitioner to the said respondents' assertions of fact and even otherwise the disputed questions of fact are not amenable for adjudication before the writ jurisdiction of this Court. In view hereof this petition is found to be misconceived and even otherwise devoid of merit, hence, dismissed.

                                                                   JUDGE

JUDGE