Saeed Iqbal (Petitioner) VS Province of Sindh & Others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH KARACHI

Const. Petition No. D-2448 of 2026 (Saeed Iqbal v. Province of Sindh thr. Secretary Law & Parliamentary Affairs and others) Date Order with signature(s) of Judge(s)

Fresh case

1.For orders on Misc. No.11306/2026 (Urgent Application) 2. For orders on office objection Nos.8 and 22

3.For orders on Misc. No.9877/2026 (Exemption Application) 4. For orders on Misc. No.9878/2026 (Stay Application) 5. For hearing of main case

Mr. Muhammad Nishat Warsi, Advocate for the petitioner

1.Urgency granted.

3.Exemption granted subject to all just exceptions.

2,4&5. Through this petition, the petitioner has claimed his promotion with effect from 19.01.2023. When confronted with the fact that the petitioner, being a civil servant, had asserted a right which allegedly accrued to him in the year 2023, learned counsel submitted that the petitioner was promoted to the post of Junior Clerk in Grade-14, but since his colleagues were promoted in the year 2023 and, as per the seniority list dated 22.01.2026, the petitioner was also entitled to promotion with effect from 19.01.2023.

Admittedly, the petitioner is a civil servant and his colleagues were recommended for promotion through the Departmental Promotion Committee meeting held on 19.01.2023; however, the petitioner did not challenge the said promotions before the appropriate forum. Even otherwise, the petitioner seeks the benefit of seniority, etc., which involves disputed questions of fact requiring evidence and cannot be adjudicated under writ jurisdiction of this Court, the matter being barred under Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973. Besides,

Const.Petition No.D-2448/2026 -2-

the petitioner has challenged the earlier notification after a lapse of more than three years; therefore, this petition is also hit by laches.

For the foregoing reasons, this petition fails and is accordingly dismissed in limine along with pending application.

Judge Head of const. Benches

Judge

B-K Soomro

Approved for Reporting