ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-3551 of 2011

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Order with signature of Judge

 

  1. For orders on Misc.No.33076/13 (151)
  2. For Katcha Peshi

 

17.03.2014

 

Petitioner is present alongwith his counsel Mr.Khaleeq Ahmed, advocate

Mr.Abdul Jaleel Zubedi, AAG

………

            Case of petitioner is that initially he was performing his duties in Health Department, Government of Sindh as Drug Inspector in BS-17 and he was appointed through Sindh Public Service Commission. In the year 1996, DPC was held and petitioner was promoted in BS-18 as Divisional Drug Inspector Sukkur. He claimed that on retirement of another senior officer in BS-19, he was eligible to be promoted in the next highest grade. Learned counsel pointed out minutes of meeting of Provincial Selection Board No.II held on 22.10.2010. Item No.II pertains to Health Department for promotion to the post of Chief Inspector of Drugs in BS-19. Case of petitioner was discussed and he was found fit and cleared for promotion to the post of Chief Inspector of Drugs in BS-19 on regular basis as he had more than minimum required qualification score of 60. It was further observed that he had more than seven years service in BS-18 which is a pre-requisite for promotion to the post of BS-19. It was further confirmed in the minutes of meeting that he is not facing any departmental/anti-corruption inquiry. Learned counsel pointed out that on the basis of these recommendations, Chief Secretary, Government of Sindh issued a notification on 23.11.2010 whereby number of persons were allowed promotion and they were notified but case of petitioner was deferred without any cogent reason or lawful justification.

We have seen the notification available at page-27, in which at least nine persons were promoted from BS-18 to BS-19 on regular basis w.e.f., 26th November, 2010. Learned AAG pointed out parawise comments filed by respondent No.3 in which case of petitioner was admitted and finally it was stated that Services, General Administration & Coordination Department is competent to issue notification for the promotion of the

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petitioner w.e.f., 22.10.2010. However, learned AAG pointed out another notification dated 18th November, 2011 which relates to promotion of petitioner from BS-18 to BS-19 with immediate effect. Learned counsel for petitioner argued that this notification was issued during pendency of this petition and on 22nd September, 2011 petitioner has already been retired from service so even he could not go to Service Tribunal for the relief. Learned AAG earlier requested for time to call relevant person from SGA&CD but despite giving him reasonable opportunities for filing comments from SGA&CD, no comments have been filed nor any person appeared on their behalf. Learned AAG further submits that he has written last letter to SGA&CD on 04.03.2014 for submitting comments but to no avail. From the record it is crystal clear that though notification of petitioner has been issued but he has been discriminated as other persons recommended for promotion, were notified from 26.11.2010 but same treatment has not been given to petitioner and his notification has been made effective w.e.f., 18th November, 2011 which is without any lawful or cogent notification and since at present petitioner has already been retired so he could not approach to Service Tribunal for redress of his grievance.

The learned counsel for the petitioner and learned AAG agreed that the petition may be disposed of at Katcha Peshi stage and they argued extensively.

As a result of above discussion, petition is allowed with the directions to respondent No.2 to make effective the notification issued for promotion of petitioner from the same date when the promotion of other persons were notified w.e.f., 26th November, 2010. Listed applications are also disposed of.

      

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