ORDER WITH THE SIGNATURE OF THE JUDGE

1. For orders on Misc. No. 5265/2012

2. For katcha peshi.

3. For hearing of Misc. No. 17013/2011

29.03.2012

Mr. Muhammad Islam Leghari, advocate for the petitioner.

Mr. Adnan A Karim, A.A.G.

Through this petition, the petitioner has sought the following reliefs:-

a) That this Hon’ble Court may be pleased to declare that notification dated 07.5.2009 issued by the respondent No. 1 is null and void and be cancelled.

b) That respondent No. 1 & 2 may be directed to promote the petitioner from BPS-16 to BPS-17 from Assistant Excise Taxation Officer to Excise & Taxation Officer.

c) To declare that the promotion Notifications in respect of respondent No. 3 and many others are illegal and without lawful authority and contrary to the merit list.

Through the aforenoted notification the Assistant Excise & Taxation Officer (BPS-16) has been purportedly promoted as Excise Taxation Officer (BPS-17) on out of turn basis. Mr. Adnan A. Karim, the learned A.A.G. submits that Since the Hon’ble Supreme Court has through its recent judgment in Waheeda Shah’s case declared all the out of turn promotions as illegal and has directed to I.G. Sindh and Chief Secretary, Sindh to withdraw all such out of turn and shoulder promotion and has also directed to recall the officers who have been sent on deputation to various departments. Learned A.A.G. further submits that in another judgment reported in PLC 2010 CS 924, the Hon’ble Supreme Court has already declared out of turn promotions as illegal and unconstitutional and therefore there is no question of the petitioner being promoted out of turn. We would, therefore dispose of this petition with direction to the Chief Secretary, Sindh and the concerned Secretary to recall/withdraw all out of turn promotions.

J U D G E

DB.Mr.Justice Maqbool Baqar & Mr.Justice M.Shafi Siddiqui/29.3.2012\zahid