Ahsan Ali Chohan (Petitioner) VS Province of Sindh and Others (Respondent)

ORDER SHEET

Order Sheet

IN THE HIGH COURT OF SINDH KARACHI

Constitutional Petition No. D – 2318 of 2020

Date

Order with Signature of Judge

Fresh case :

For order on Misc. No.10720/2020 (Urgent) :

For orders on office objection no.04 & 18 :

For order on Misc. No.10721/2020 (Exemption) :

For order on Misc. No.10722/2020 (Stay) :

For hearing of main case.

Mr. Ahmed Ali Ghumro, advocate for the petitioner.

1.Urgency granted.

2.Learned counsel undertakes to comply with the office objections before the next date of hearing.

3.Exemption is granted subject to all just exceptions.

5.The petitioner is serving as an Assistant Engineer in BPS-17 since 1994 in the Public Health Engineering Department, Government of Sindh. His case for promotion was deferred in view of an enquiry that was pending because of an FIR lodged against him by FIA. However, subsequently his case for promotion was recommended in the year 2016 and since then he has been waiting for his promotion. His grievance is that his juniors have been promoted on many occasions, but his case was not considered. It is stated that the next DPC for consideration of promotion is scheduled on 30.04.2020 at 12:00 noon. It is urged that if the petitioner is not considered for promotion in the above meeting and his juniors are promoted, no vacancy / opportunity for promotion will be left for him and in such an event he shall be seriously prejudiced.

Issue notice to the respondents as well as to learned Advocate General Sindh with direction to file comments before the next date of hearing. As an interim measure, respondents are directed to consider the case of the present petitioner for promotion strictly on merits and in accordance with law. In case, his case is deferred and/or rejected, the competent authority shall pass a speaking order after providing opportunity of hearing to the petitioner. To be listed on 07.05.2020 at 11:00 a.m.

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