| Case ID |
0516f0b2-882e-42d0-bd9a-628f807d8ea1 |
| Body |
View case body. Login to View |
| Case Number |
D-252 of 2011 |
| Decision Date |
Sep 05, 2012 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed Constitutional Petition No.D-252 of 2011 and upheld the amendments made to the promotion rules. The court ruled that changes in rules are applicable at the time of decision and do not confer rights based on previous rules. The court emphasized that the government has the authority to alter promotion policies, classify employees based on qualifications, and that such classifications are not arbitrary. The court directed that promotions should be considered in accordance with the newly amended rules and that the Departmental Promotion Committee should adhere to these rules in future promotions. |
| Summary |
In the case of D-252 of 2011, the Sindh High Court addressed issues regarding amendments in promotion rules for civil servants in Sindh. The petitioners, including Akhtar Khan Khattak and others, challenged the validity of the new promotion policy which classified employees based on their educational qualifications. The court held that the government has the right to amend rules and that such changes apply prospectively. The ruling highlighted the importance of evaluating employees not only on past performance but also on their ability to take on higher responsibilities. This case underscores the significance of lawful amendments in civil service regulations and the role of the judiciary in upholding these changes. The decision reaffirms the authority of the government in determining promotion criteria while ensuring that classifications are rational and reasonable. |
| Court |
Sindh High Court
|
| Entities Involved |
Sindh High Court,
Province of Sindh,
Departmental Promotion Committee
|
| Judges |
SHAHID ANWAR BAJWA,
AFTAB AHMED GORAR
|
| Lawyers |
MALIK NAEEM IQBAL,
A.D. SHAH,
KHALID JAVED KHAN,
GUL ZAMEER SOLANGI,
MUHAMMAD SARWAR KHAN
|
| Petitioners |
Petitioner 2,
Petitioner 3,
Petitioner 4,
AKHTAR KHAN KHATTAK
|
| Respondents |
Respondent 2,
Respondent 3,
PROVINCE OF SINDH through Chief Secretary
|
| Citations |
2013 SLD 1828 = 2013 PLC 440
|
| Other Citations |
C.P. No.D-368 of 2007,
Abdul Farid v. N.E.D. University of Engineering and Technology, Karachi and another 2001 CLC 347,
Muhammad Shabbir Ahmed Nasir v. Secretary, Finance Division, Islamabad and another 1997 SCMR 1026,
Muhammad Ishaque and others v. Government of Punjab through Chief Secretary and others 2005 SCMR 980,
Zafar Iqbal and another v. Director, Secondary Education, Multan Division and 3 others 2006 SCMR 1427,
Imtiaz Ahmed and others v. Punjab Public Service Commission through Secretary, Lahore and others PLD 2006 SC 472,
Muhammad Younus Aarin v. Province of Sindh through Chief Secretary, Sindh, Karachi and 10 others 2007 SCMR 134,
Eijaz Ahmed Shah v. Federation of Pakistan through Federal Establishment Secretary, Cabinet Secretariat Establishment Division, Government of Pakistan, Islamabad and 6 others PLD 2010 Kar. 309,
State of Jammu and Kashir v. Shri Trilok Nath Khosa and others [1974] ICC 19,
Syed Wajid Ali and 4 others v. Globe Automobiles Ltd. and another 1993 SCMR 819,
Mehr Zulfikar Ali Babu PLD 1997 SC 11,
Ardeshir Cowasjee and others v. Province of Sindh and others 2004 CLC 1353,
Ashfaq Ahmed v. The State 2007 SCMR 641
|
| Laws Involved |
Sindh Civil Servants Act, 1973
|
| Sections |
Not available
|