ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C.P.No.D-129 of 2011
___________________________________________________________
Order with signature of Judge
15.01.2014
Mr.Rashid Khan Durrani,
advocate for petitioner
Mr.Abdul Jaleel
Zubedi, AAG
………
Petitioner through this petition,
has prayed that he is entitled to be considered for promotion to the post of Mukhtiarkar on regular basis from the due date. In the same
petition, petitioner has also challenged DPC conducted for promotion of Mukhtiarkars to the post of DDO (Revenue) (BPS-17) without
deciding fate of petitioner. During pendency of this petition, learned counsel
submits that service of petitioner has been regularized w.e.f.,
30.04.2012. Learned counsel submits that though grievance of petitioner has
been partially redressed
but his juniors were promoted w.e.f.,
03.01.2011 for which he prays that petitioner is also entitled to be promoted w.e.f., 03.01.2011 instead of 30.04.2012. He has placed
reliance on the order passed in C.P.No.D-124/2011 on 30.09.2012 in which
learned Division Bench of this court in the similar circumstances held that
persons junior to petitioner were promoted w.e.f.,
January 3, 2011 and petitioner in const. petition was promoted on 12.12.2013
hence said petition was disposed of with the directions to the department to
make effective the date of promotion of petitioner from the date on which his
juniors were promoted. Learned counsel submits that since case of present
petitioner is at par hence he is also entitled to be considered in the light of
aforesaid order. Learned AAG pointed out comments filed by respondent No.3 in
which it is stated that name of petitioner was considered in DPC for
regularization but it was deferred on the ground that contempt proceedings were
initiated against the petitioner and show cause notice was also issued on
account of violation of this court’s order dated 28.05.2009 and 28.10.2009
passed in C.P.No. 11/2007. He further submits that
such Mukhtiarkars were promoted on regular basis vide
Notification dated
- : 2 : -
03.01.2011 against whom no
departmental or contempt proceedings were pending.
Since grievance of petitioner has been redressed and only
date of promotion is in issue which has been raised through oral motion, this
petition is disposed of with the directions to respondents to consider case of
petitioner in terms of order dated 13.09.2012 passed in C.P.No.D-124/2011 if
case of petitioner is at par. However, it is clarified that if petitioner feels
aggrieved against findings or order of respondents, he may approach the forum
in accordance with law. Petition is disposed of accordingly.
J U D G E
J
U D G E
Ashraf