ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-129 of 2011

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Order with signature of Judge

 

  1. For orders on Misc.No.25419/13 (151)
  2. For Katcha Peshi
  3. For hearing of Misc.No.550/11 (stay)

 

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

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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