| Case ID |
36ab0105-c495-4ae9-9f7c-68a8951ad5f4 |
| Body |
View case body. Login to View |
| Case Number |
C.P. No. D-910 of 2019 |
| Decision Date |
Aug 20, 2019 |
| Hearing Date |
Aug 20, 2019 |
| Decision |
The Sindh High Court dismissed the petition filed by Abdul Sami Memon and others, who sought promotion to the position of Deputy Chief Engineer at Pakistan Steel Mills. The court held that the petitioners lacked the requisite qualifying service of 17 years in grade 19, which is necessary for promotion to grade 20. The court further stated that a writ of quo warranto is not available to one set of civil servants against another, emphasizing the importance of maintaining order within the service structure. The petitioners failed to demonstrate that they were aggrieved persons under Article 199 of the Constitution, and their claims were dismissed on the grounds of laches and lack of merit. |
| Summary |
In this case, the petitioners, former employees of Pakistan Steel Mills, sought a writ of quo warranto for their promotion to the position of Deputy Chief Engineer, claiming that the appointment of current acting officers was unlawful. The Sindh High Court ruled against the petitioners, highlighting that they did not possess the necessary qualifying service as per the amended service rules. The court reinforced the principle that judicial review does not extend to appointments made within civil service unless clear evidence of illegality is presented. The decision emphasized the need for petitioners to establish themselves as aggrieved parties and adhere to procedural timelines to avoid being barred by laches. The ruling underscores the judiciary's limited role in administrative matters concerning promotions, particularly in public service contexts. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan Steel Mills
|
| Judges |
MUHAMMAD SHAFI SIDDIQUI,
ADNAN-UL-KARIM MEMON
|
| Lawyers |
Mr. Abdul Samad Memon,
Mr. Sanaullah Noor Ghori,
Mr. Muhammad Nishat Warsi
|
| Petitioners |
8 OTHERS,
ABDUL SAMI MEMON
|
| Respondents |
5 OTHERS,
FEDERATION OF PAKISTAN THROUGH SECRETARY ESTABLISHMENT GOVERNMENT OF PAKISTAN
|
| Citations |
2021 SLD 314,
2021 PLJ 36
|
| Other Citations |
2004 SCMR 1299,
2014 SCMR 1189,
PLD 1960 SC 81,
2016 SCMR 1021
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199(1)(a)(ii),
199(5)
|