1257/2021 Const. P. Ghulam Bashir Bughio (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
1257/2021 Const. P. Ghulam Bashir Bughio (Petitioner) V/S Fed. of Pakistan and Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 20-MAY-25
It is well-settled law that the cancellation of the individual's promotions without proper, separate notices was/is unlawful. However, in the present case, the reasons provided for this cancellation, after the promotions' implementation with effect from 2018 with benefits, are vague and lack a legal basis. The claim that the Senate of the respondent university necessitated the recall of the promotion order of the petitioner contradicts the decision of the Court in the reinstatement of the former VC, as pointed out by the parties. The respondents failed to provide justifiable and lawful reasons for reconsidering and cancelling the petitioners' promotions already granted vide Notification dated, acting unilaterally without adhering to legal procedures. It is well-settled law that altering vested rights, including promotions, requires granting the affected parties a meaningful hearing, which the learned counsel conceded was not provided. In our view that separate proceedings ought to have been initiated before recalling the promotion order. Furthermore, legal precedents, including PLD 1992 SC 207, 2007 PLC (C.S) 364 and Capital Development Authority case 2022 SCMR 627, suggest that such a recall may not be permissible.