Waheed Ali (Petitioner) VS Province of Sindh & Others (Respondent)

IN THE HIGH COURT OF SINDH AT KARACHI

Constitution Petition No. D-4826 of 2025

PRESENT: Mr. Justice Muhammad Saleem Jessar Mr. Justice Nisar Ahmed Bhanbhro

Petitioner, Waheed Ali: Through Mr. Ali Asadullah Bullo, Advocate

Respondent Nos.1 to 5: Through M/s Hakim Ali, Shaikh, Addl. AG, and Sagheer Ahmed Abbasi Asstt. AG.

Date of hearing : 31.03.2026

Date of Judgment : 31.03.2026

ORDER

Nisar Ahmed Bhanbhro, J.- Through this petition, petitioner claims following relief(s):-

“(a) Declare all the acts of Respondents regarding delay in sending the Petitioner on training as illegal and violative of Sindh Registration Rules, 1940.

(b)Direct the Respondents No.3 and 5 to allow the petitioner to go through the training program towards induction as Sub-Registrar under Rule 8 of Sindh Registration Rules, 1940.

(c)Restrain the Respondents from taking any adverse action against the Petitioner and conduct themselves strictly in accordance with law.

(d)Any other relief(s) which Hon'ble Court may deem fit and proper.

2.Counsel for the petitioner contended that the petitioner is employed as Junior Clerk in Boar of Revenue, Government of Sindh and he has passed departmental examination conducted by the Sindh Public Service Commission, therefore, he is entitled for promotion to the next higher grade as Sub Registrar and mandatory training for that purpose. He has referred Notification dated 14th March, 2024 issued by the Inspector General of Registration, Sindh Hyderabad which per learned counsel entitled

the Petitioner for promotion as Sub Registrar and training. He prayed to allow the petition.

3.Learned Additional Advocate General, Sindh, contended that the petitioner is a Junior Clerk and, as such, cannot be considered for promotion as Sub-Registrar, as under the relevant rules, appointment to the post of Sub-Registrar is made either through initial recruitment or by way of promotion from amongst Senior Clerks in BS-14. He, therefore, prayed that this petition be dismissed.

4.Heard arguments, perused the material made available before us on record.

5.The crux of the controversy involved in the present petition is that the petitioner is a Junior Clerk and has qualified the departmental examination conducted through Sindh Public Service Commission (SPSC), thus seeks training as Sub-Registrar. The Board of Revenue, Government of Sindh, has framed rules determining the method, qualifications, and other conditions for appointment to the post of Sub-Registrar vide notification dated 4th March, 2024, that provides filling of 50% of the posts of Sub- Registrar (BS-15) through initial recruitment conducted by the SPSC, while the remaining 50% are filled by way of promotion from amongst Senior Clerks who have qualified the departmental examination conducted by the SPSC and have completed five years’ service in the office of the Sub-Registrar, on a seniority-cum- fitness basis. The relevant rules are reproduced herein below:-

“GOVERNMENT OF SINDH

BOARD OF REVENUE SINDH

Karachi, dated March 4, 2024

NOTIFICATION

No.IGR/IGR/HYD/-400 of 2024. In pursuance of sub-rule (2) of rule 3 of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, and in consultation with the Regulation Wing of Services, General Administration & Coordination Department, the method, qualification and other conditions for appointment in respect of the posts in the office of the Inspector General of Registration, Board of Revenue, Sindh,

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Government of Sindh, mentioned in column 2 of the table below shall be as laid down in column 3, 4 and 5 thereof.

SR. NAME OF METHOD OF QUALIFICATION AGE

NO. POST WITH APPOINTMENT & EXPERIENCE LIMITED

BPS MIX/MAX

Additional By promotion from IG amongst the District Registration Registrars/Assistant (BPS-19) 1. IG Registration (BPS- 18), having twelve years' service in BPS- 17 and above, with successful completion of mandatory training of Mid-Career Management (MCMC), on seniority-cum- fitness basis.

Assistant IG By promotion from Registration amongst the Inspectors (BPS-18) of Registration (BPS- 17), having five years' service as such, on seniority-cum-fitness basis.

District (i) Fifty percent by Registrar transfer (BPS-18) PCS/PMS/PAS from amongst Ex-Cadre Officers of BS-18.

(ii)Fifty percent by the Inspectors of (BPS-17), promotion from amongst Registration having five years' service as such, on seniority-cum-fitness basis.

By promotion from

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Microfilming amongst the Senior Microfilming Officers Officer (BPS- (BPS-17), having at 18 least five years' service as such, on seniority- cum-fitness basis.

5 Inspector of promotion from By Registration amongst the Sub- (BPS-17) Registrars (BPS-15), having at least five years' service as such, seniority-cum-fitness on basis.

6 Microfilming By initial appointment B.E/BS in 21 to 28 Officer (BPS- through the Sindh Electronics years 17) Public Service /Computer Commission (SPSC). Science /Software Engineering at from a least in Second Division University recognized by the Higher Education Commission. One year Diploma in ICT from an Institute recognized by the Sindh Board of Technical Education (SBTE).

7 Sub- (i) Fifty percent by Bachelor's Degree 21 to 28 Registrar initial appointment at least in Second years (BPS-15) through the Sindh Division from a Public Service University Commission (SPSC). recognized by the Higher Education Commission and six months Diploma in Information and Communication Technology from an Institute

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recognized by the Sindh Board of Technical Education (SBTE).

(ii)Fifty percent by promotion from amongst the Senior Clerks (BPS-14) having qualified Departmental Examination conducted by the Sindh Public Service Commission (SPSC) and having at least five years' service in the Sub-Registrar office, on seniority-cum- fitness basis.

Sd/ Secretary to Govt. of Sindh Revenue Department”

6.A perusal of the referred rules makes it crystal clear that an employee serving as a Senior Clerk is entitled to promotion to the post of Sub- Registrar upon qualifying the departmental examination conducted by SPSC and completion of f five years’ service in the office of the Sub-Registrar. It is an admitted position that the petitioner is working as a Junior Clerk in BS-11; therefore, even if he has passed the departmental examination, he does not qualify for promotion to the post of Sub-Registrar. It is a settled principle of law that promotion is not a vested right of an employee; however, promotion cannot be denied, when such right accrues in favour of the employee that too strictly in accordance with the applicable law and rules.

7.Adverting to the next contention regarding training as Sub Registrar, needless to say that under Rule 8-A of the Registration Rules 1940 amended by the Government of Sindh vide notification dated 14.03.2024, a sub Registrar appointed by way of promotion shall under in-service training of Six Months. Since the Petitioner

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has not been promoted to the said post, therefore, his request to allow him training is too untenable under the law. Rule 8-A - ii reads as under:

“ii. The Sub-Registrar appointed by promotion shall only undergo six months of academic training.”

8.The Petitioner has failed to demonstrate the infringement of his fundamental rights, calling for indulgence by this Court. For the foregoing reasons, this petition fails and accordingly is hereby dismissed.

JUDGE

JUDGE

HEAD OF CONST. BENCHES

Approved for Reporting.

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