| Case ID |
42fdd57e-64fa-4d85-a50b-cbbac4ae5fb1 |
| Body |
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| Case Number |
Constitution Petition No. D-4047 of 2015 |
| Decision Date |
Oct 29, 2019 |
| Hearing Date |
Oct 22, 2019 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by the Petitioners, who were employees in the Finance and Accounts Department of the Lyari Development Authority (LDA). The Petitioners challenged the withdrawal of an earlier upgradation of their posts as Accounts Officers from BS-17 to BS-18. The court found that the upgradation was not based on any lawful scheme or policy and was not applicable to the employees of the LDA. It ruled that the orders issued by the Local Government Department and the LDA to revert the Petitioners to their previous grade were justified and in compliance with the Supreme Court's earlier rulings. The court emphasized that the upgradation process should adhere to established mechanisms, ensuring that it does not unfairly favor individual employees over others in similar roles. |
| Summary |
In the case of Constitution Petition No. D-4047 of 2015, the Sindh High Court dealt with the issue of upgradation of posts within the Lyari Development Authority (LDA). The Petitioners, who held positions in the Finance and Accounts Department, contested the withdrawal of their upgradation from Accounts Officers in BS-17 to BS-18. The court's decision highlighted critical legal principles surrounding upgradation and promotion in public service, emphasizing the need for a legitimate policy framework to support such changes. The judgment reiterated that upgradation must not serve individual interests but should align with organizational needs and public service exigencies. The court ultimately ruled against the Petitioners, affirming the validity of the authorities' actions to withdraw the upgradation, citing compliance with prior Supreme Court directives. This case underscores the importance of adhering to due process in administrative decisions affecting public sector employees. |
| Court |
Sindh High Court
|
| Entities Involved |
Lyari Development Authority,
Local Government Department, Government of Sindh
|
| Judges |
MUHAMMAD SHAFI SIDDIQUI,
ADNAN IQBAL CHAUDHRY,
MUHAMMAD ALI JAVED
|
| Lawyers |
Muhammad Nishat Warsi,
Nemo,
Nadir Khan Burdi
|
| Petitioners |
,
Muhammad Shafi Siddiqui
|
| Respondents |
,
Province of Sindh through Secretary
|
| Citations |
2020 SLD 1727,
2020 PLC 630
|
| Other Citations |
Ali Azhar Khan Baloch v. Province of Sindh 2015 SCMR 456,
Regional Commissioner Income Tax v. Munawar Ali 2017 PLC (C.S.) 1030,
Federal Public Service Commission v. Anwar-ul-Haq 2017 SCMR 890
|
| Laws Involved |
Khyber Pakistunkhwa Establishment of District Development Advisory Committee Act,
Lyari Development Authority Act
|
| Sections |
49
|