Haji Khan and Others (Petitioner) VS Province of Sindh & Others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH KARACHI

Constitution Petition No. D-4840 of 2024 (Haji Khan v. Province of Sindh through Chief Secretary, Sindh and others) Date Order with signature(s) of Judge(s)

Present:

Mr. Justice Muhammad Saleem Jessar Mr. Justice Nisar Ahmed Bhanbhro Priority

1.For hearing of CMA No.21560/2024

2.For hearing of CMA No.1406/2025

3.For hearing of main case

Mr. Muhammad Arshad Khan Tanoli, Advocate for the petitioner Mr. Faizan Hussain Memon, Additional Advocate General, Sindh Muhammad Saleem Jessar, J.- Through this petition, petitioner seeks following relief:- A. To Direct the Respondent No.3, to issue Final Seniority list of Assistant Director (Staff) (BPS-17), in compliance of section 8 (1) of the Sindh Civil Servant Act 1973 and rule 9 (1) & (2) of Sindh Civil Servant (Probation, Confirmation & Seniority) Rules 1975), within the period of (30) days’ time or as may deem fit and appropriate by this Hon'ble Court.

B. To Direct the Respondents to consider the cases of Petitioners for promotion by Convening the meeting of Departmental Promotion Committee to the available vacant posts of Additional Director (HQ) (BPS-18) as well as (02) post Deputy Directors (HQ-1& II) (BPS-18) Directorate of ACE reserved for promotion under the rules, after issuing Final Seniority list in terms of Prayer clause A " as above, within 30 days period.

C. To Restrain the Respondents from posting any officer from DMG/EX-PCS) / POLICE service on deputation to the post of Additional Director (HQ) (BPS-18) and (02) posts Deputy Directors (HQ-1& II) (BPS-18) Directorate of ACE, Sindh in violation of the judgment of Apex Court reported in 2013 SCMR 1752 and 2015 SCMR 456 during pendency of this Petition and till disposal of their respective representations in accordance with law.

2.When confronted, learned Additional Advocate General, Sindh submitted that the case of the petitioner shall be considered in accordance with law and, if the petitioner fulfills the criteria required for promotion to the next higher grade, his case shall be considered by the Competent Authority.

3.In view of the above, learned counsel for the petitioner is satisfied with the proposal and seeks disposal of this petition alongwith pending applications. Order accordingly.

Judge Head of Const. Benches

Judge B-K Soomro