ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C.P.No.D-3551 of 2011
___________________________________________________________
Order with signature of Judge
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
- : 2 : -
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.
J U D G E
J U D G E