| Case ID |
25daf2c9-8376-4c18-b721-0abc86359483 |
| Body |
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| Case Number |
C.P. No. D-608 of 2015 |
| Decision Date |
Feb 14, 2018 |
| Hearing Date |
Feb 14, 2018 |
| Decision |
The Sindh High Court ruled that the conditions imposed by the Port Qasim Authority in the office order dated 11.02.2009 regarding the up-gradation of the petitioners' posts were unjustified and not sustainable in law. The Court emphasized that up-gradation is distinct from promotion and cannot be made person-specific. The petitioners had completed the required service, and the up-gradation of their posts was legitimate. The Court declared the conditions in the office order invalid and reinforced the petitioners' vested rights to their upgraded positions. |
| Summary |
In the case of C.P. No. D-608 of 2015, the Sindh High Court examined the issues surrounding the up-gradation of posts for Stock Auditors/Stock Verifiers at the Port Qasim Authority. The petitioners, after serving for over 18 years, were upgraded from BPS-15 to BPS-17 but faced adverse conditions in a subsequent office order that sought to limit this up-gradation to be personal to them. The Court ruled that such conditions were unjustified and violated the principles of law regarding up-gradation and promotion. The decision reaffirmed the importance of fair treatment in employment matters, specifically regarding promotions and up-gradation rights under the law, thereby enhancing the understanding of employees' rights within statutory frameworks. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Irfan Saadat Khan,
Adnan-ul-Karim Memon
|
| Lawyers |
Abdul Salam Memon,
Zubair Zia Siddiqui
|
| Petitioners |
Abdul Salam Memon
|
| Respondents |
Zubair Zia Siddiqui Nos.2 and 3
|
| Citations |
2019 SLD 3122 = 2019 PLC 1324
|
| Other Citations |
Pakistan Defence Housing Authority v. Lt. Col. Syed Javed Ahmed 2013 SCMR 1707,
Muhammad Rafi and another v. Federation of Pakistan and others 2016 SCMR 2146,
Ali Azhar Khan Baloch v. Province of Sindh 2015 SCMR 456
|
| Laws Involved |
Constitution of Pakistan, 1973,
Port Qasim Authority Act, 1973
|
| Sections |
199,
51
|