| Case ID |
f83858d4-365c-4eb7-94e1-4cade866c77e |
| Body |
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| Case Number |
C.P. (D) No.146 of 2022 |
| Decision Date |
Mar 17, 2022 |
| Hearing Date |
Mar 17, 2022 |
| Decision |
The petition was allowed as the promotion of respondent No. 3 to the post of Senior Headmaster and posting as District Education Officer on an additional charge basis was declared unlawful. The court found that respondent No. 3 was never appointed as Education Officer to claim the post of Deputy District Education Officer. The court emphasized that appointments must be made under the law and rules, and the postings made in violation of these principles were declared null and void. |
| Summary |
In the case of Syed ZAFAR ALI SHAH vs. The GOVERNMENT OF SINDH, the Sindh High Court addressed the legality of the promotion and posting of respondent No. 3 as District Education Officer (Primary). The judgment emphasized the importance of adhering to recruitment rules and laws governing civil service promotions. The court ruled that respondent No. 3, who was initially appointed as a Higher School Teacher, did not meet the qualifications to be promoted to the position of District Education Officer. The decision highlighted that the promotion process should be transparent and in the public interest, ensuring that only qualified individuals are appointed to such positions. The case reinforces the principle that appointments and promotions in the civil service must comply with established legal frameworks to maintain the integrity of public service. |
| Court |
Sindh High Court
|
| Entities Involved |
Education and Literacy Department, Government of Sindh
|
| Judges |
Aftab Ahmed Gorar,
Adnan-ul-Karim Memon
|
| Lawyers |
Syed Farhan Ali Shah,
Saif Sohail Yunus,
Ali Safdar Depar
|
| Petitioners |
Syed ZAFAR ALI SHAH
|
| Respondents |
Nisar Ahmed Bhanbhro,
The GOVERNMENT OF SINDH through Chief Secretary,
Ghulam Ali Birhmani,
Abdul Jabbar Shahani
|
| Citations |
2024 SLD 2656,
2024 PLC 267
|
| Other Citations |
Irshad Hussain v. Province of Sindh through Secretary and 6 others 2020 PLC (C.S.) 1411,
Munawar Ali Pathan v. Province of Sindh through Chief Secretary and 2 others 2011 PLC (C.S.) 785,
Ali Azhar Khan Baloch and others v. Province of Sindh and others 2015 SCMR 456,
Province of Sindh v. Ghulam Fareed 2014 SCMR 1189,
Khalilullah Kakar v. Provincial Police Officer 2021 SCMR 1171,
Khan Muhammad v. Chief Secretary Government of Baluchistan, and others 2018 SCMR 1411,
Ali Azhar Khan Baloch v. Province of Sindh 2015 SCMR 456
|
| Laws Involved |
Not available
|
| Sections |
Not available
|