ORDER SHEET

Order Sheet

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No. D - 2837 of 2011

Date	Order with signature of the Judge

Present.

Mr. Justice Muhammad Ali Mazhar

Mr. Justice Abdul Rasool Memon.

1. For orders on Misc. No.12954/2011.

2. For Katcha Peshi.

12.02.2014 :

Mr. Abrar Bukhari, advocate for the petitioner.

M/s. Mehmood Yousufi and Shahzad Ali, advocates for KW & SB.

Mr. Muhammad Zahid Khan, Deputy Director Admin HR.

Mr. Abdul Jalil Zubedi, AAG.

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Muhammad Ali Mazhar, J. The petitioner was recommended for promotion as Chief Engineer and approval was sought by the Secretary Local Government for the promotion in view of Departmental Promotion Committee-I of Karachi Water and Sewerage Board in its meeting held on 19.03.2008. Earlier also the same petitioner was considered for promotion and recommended, but the recommendation was not considered on the ground that the validity of the recommendations of the Selection Board is normally remained valid for six months. Mr. Muhammad Zahid Khan, who is Deputy Director Admin HR, is present in Court has filed counter affidavit in which he supported the case of the petitioner and stated that summary had already been submitted for the promotion of the petitioner for the post of Chief Engineer (BS-20), but it was not approved by the competent authority.

The learned AAG filed the comments of Secretary (Services) Services, General Administration and Coordination Department. Since the half portion of the comments in the original file was not properly printed hence the learned AAG has filed another copy of comments, which is duly signed by the Secretary (Services) and the same is taken on record. The comments shows that the summary was floated to the Chief Minister for approval, but the worthy Chief Minister referred back the summary with certain observations with regard to the competency of Managing Director, KW & SB for heading the DPC-I and the observations were conveyed to respondent No.2.

Learned counsel for the petitioner shown us the Karachi Water and Sewerage Board Employees (Appointment, Promotion and Transfer) Rules, 1987, in which Managing Director means the Managing Director of the Board, Promotion Committee means a Committee constituted for the purpose of selection for appointment by promotion or transfer of a post and Selection Committee means a Committee for the purpose of making selection for initial appointment to a post. Under Rule 5 the appointment to a post or class of posts shall be made by promotion or transfer or by initial appointment and under Rule 6 it is provided that the Board shall be the appointing authority in respect of the posts in basic pay scale-17 and above; provided that appointments to posts in basic pay sclaes-18 and above shall be made with the approval of Government. Since it is clear that for appointment to a class may be made by promotion or transfer or by initial appointment and in this case the petitioner is claiming BS-20 in view of the recommendation of DPC-I, hence keeping in view the requirement of Rule 6, the summary was floated to the worthy Chief Minister for approval. Rule 8 provides that there shall be one or more Promotion Committees and Selection Committees as may be determined by the Board. The whole scheme of the aforesaid rules shows that under the statutory rules a proper mechanism is provided for the appointment and promotion and the Promotion Committees and Selection Committees both are constituted under the Rules itself. The query raised by the Chief Minister as mentioned in the comments of Secretary (Services) only shows that it was raised regarding the competency of Managing Director, KW & SB for heading the DPC-I and the learned AAG argued that for promotion in grade 20, the DPC-I should have been headed by Chief Secretary which fact has been controverted and denied by the learned counsel for the KW & SB and the Deputy Director Admin HR present in Court who submits that in view of the above Rules the DPC was always headed by the Managing Director. In support of his contention he relied upon Rule 15 in which it is specifically provided that appointments by promotion or transfer to posts in basic pay scales 4 and above shall be made on the recommendations of the Promotion Committee. Since the query raised by the worthy Chief Minister is already answered in the Rules and there is no further question of any clarification is required as one can refer to the Rules which are self-explanatory.

In view of the above the petition was heard by consent at Katcha Peshi stage at length and the same is disposed of with the directions to respondent No.3 to float the fresh summary on the basis of recommendation made by the DPC-I vide its meeting dated 19.03.2008 for necessary approval and orders of the Chief Minister within a period of two (02) months.

J U D G E

Ndm.