SIKANDAR ALI vs PROVINCE OF SINDH through Secretary Education and Literacy Department, Sindh Sect: Karachi Promotion, right of — 2023 PLC(CS) 566 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PLC(CS) 566 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PLC
Parties: SIKANDAR ALI vs PROVINCE OF SINDH through Secretary Education and Literacy Department, Sindh Sect: Karachi Promotion, right of
Subject matter: Service

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SIKANDAR ALI VS PROVINCE OF SINDH through Secretary Education and Literacy Department, Sindh Sect: Karachi Promotion, right of---Policy decision by Government, challenge to---Scope---For the post of Junior School Teachers (BPS-14) 50% quota was reserved by promotion from amongst Primary School Teachers (BPS-09) having other qualifications including seniority-cum-fitness; however, the policy was changed by the Government through approval from the Cabinet whereby it was now available only through initial appointment subject to various other conditions---Petitioners (Primary School Teachers) challenged such abrupt change in policy on the premise that a vested right had accrued to them prior to the change in policy and such right could not be taken away by retrospective application of the later notification---Validity---Promotion itself was not a right, and therefore, concept of having a vested right in such circumstances did not arise---Government was well within its rights to alter the policy---No case for indulgence was made out---Constitutional petition was dismissed.

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