| Case ID |
15462bbf-9c9e-46be-8071-c963c34481c9 |
| Body |
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| Case Number |
D-244 of 2010 |
| Decision Date |
May 29, 2014 |
| Hearing Date |
May 13, 2014 |
| Decision |
The Sindh High Court allowed the constitutional petition of Syed Azam Raza for upgradation from BPS-16 to BPS-17. The court determined that the petitioner was entitled to be upgraded after obtaining a Master's degree, which he achieved while being employed as a LAN Technician. The court found that the petitioner’s regularization order indicated he was working against a clear vacancy of LAN Technician (BPS-17), despite being initially regularized in BPS-16. The objection raised by the university regarding the maintainability of the petition was rejected, and it was held that the petitioner had been deprived of his lawful rights. The court ruled that the upgradation should be effective from the date of the order but denied any back benefits due to the petitioner’s choice to apply afresh for the advertised position. |
| Summary |
In the case of Syed Azam Raza vs. Sindh Agriculture University, the petitioner sought upgradation from BPS-16 to BPS-17 after obtaining a Master's degree. The court analyzed the employment terms under the Sindh Agriculture University Act and the relevant statutory rules. It was determined that the petitioner was originally appointed as a LAN Technician under a contract and was subsequently regularized in BPS-16. However, the court found that the regularization order indicated he was adjusted against a vacancy for BPS-17. The court ruled that the petitioner's qualifications warranted the upgradation and that the university's refusal to recognize this was unjust. The decision reinforced the principle that employees have a legitimate expectation for promotion based on qualifications, especially when a vacancy exists. The outcome highlights the importance of adhering to statutory rules in employment matters and ensuring that employees are treated fairly regarding their rights to promotion and upgradation. |
| Court |
Sindh High Court
|
| Entities Involved |
Sindh Agriculture University
|
| Judges |
SYED HASAN AZHAR RIZVI,
MUHAMMAD JUNAID GHAFFAR
|
| Lawyers |
Syed Muhammad Saulat Rizvi,
Muhammad Arshad S. Pathan
|
| Petitioners |
Syed AZAM RAZA
|
| Respondents |
SINDH AGRICULTURE UNIVERSITY through Registrar
|
| Citations |
2014 SLD 311 = 2014 PLC 1177
|
| Other Citations |
Abdul Rashid Khan v. Registrar, Bahauddin Zakaria University, Multan and others 2011 SCMR 944,
Ijaz Hussain Suleri v. The Registrar and another 1999 SCMR 2381,
University of the Punjab, Lahore and 2 others v. Ch. Sardar Ali 1992 SCMR 1093,
Pakistan Defence Officers' Housing Authority and others v. Lt. Col. Syed Janaid Ahmed 2013 SCMR 1707
|
| Laws Involved |
Sindh Agriculture University Act,
Sindh University Law (Amendment) Ordinance,
Constitution of Pakistan
|
| Sections |
28(vi),
4(b),
199
|