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RIAZ HUSSAIN vs PROVINCE OF SINDH through Chief Secretary, Sindh Secretariat S — 2024 PLC(CS) 1097 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PLC(CS) 1097 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PLC
Parties
RIAZ HUSSAIN vs PROVINCE OF SINDH through Chief Secretary, Sindh Secretariat S
Subject matter
Service
Provisions referred to
S. 4---C; S. 4; Sindh Service Tribunals Act

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

RIAZ HUSSAIN VS PROVINCE OF SINDH through Chief Secretary, Sindh Secretariat S. 4---Constitution of Pakistan, Arts. 199 & 212---Constitutional petition---Maintainability---Promotion of another government servant---Challenging of---Petitioner, Project Director SCARP, was aggrieved by the decision of the Provincial Selection Board (PSB), whereby the promotion of respondent to the post of Superintending Engineer was allowed in absence of his Annual Confidential Reports (ACRs') for a certain period---Contention of the petitioner was that the decision of PSB for promoting the respondent in BPS-19 against future vacancy in absence of ACRs is/was an erroneous decision as he (respondent) was not fit for promotion for failing to earn the ACRs during his tenure of service---Validity---Subject matter of the constitutional petition pertained to the terms and conditions of service, therefore, the jurisdiction of the High Court was barred under Art. 212 of the Constitution, read with S. 4 of the Sindh Service Tribunals Act, 1973---Petitioner had failed to point out any inherent defect, prima facie, in promotion of the respondent for the simple reason that the respondent /department while issuing working paper for PSB observed at relevant paragraph that the respondent was also assigned inter-se-seniority at Sr. No.2 by the SGA&CD vide a Notification---Quantification of entire service record, synopsis of ACRs for the last five years of each officer, prima facie suggested that the PSB was well aware of the factum of the ACRs of respondent and accorded approval of his promotion in next grade---Constitutional petition was dismissed in limine, in circumstances.

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