1450/2017 Const. P. Khalid Ahmed Bablani (Petitioner) V/S Federation of Pakistan & Ors (Respondent)

1450/2017 Const. P. Khalid Ahmed Bablani (Petitioner) V/S Federation of Pakistan & Ors (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 14-MAY-25

In such circumstances, we are of the view that both parties were appointed to unadvertised positions, and were accommodated on the post which were not put up for competitive process, as such the respondents can not curcmvent the legal procedure through their minuts of Departmental Seclection Committee (DSC) held on 10th and 30th August 2007 as the department had already received 20 applications and after scrutiny only 12 applications were shortlisted as per required qualifications, experience and domicile and all short listed candidates were called for interview and DSC interviewed the petitioner and respondent No.4 found suitable on their performance for the post of Deputy Direcotr (Electronics) but the situation is quite different when they were offered the different position i.e. Depurty Director (Instrumention) and conformity assessement rather the post of Deputy Director (Electronics) which is direct conflict with the recruitment rules, vide offer letter dated 12.09.2007, as such this Court is inclined to direct the Respondent-PSQCA to either regularize both their positions based on a similar principle of seniority in terms of ratio of the judgment of Supreme court in the case of Sarosh Haider Vs Muhammad Javed Chundrigar PLD 2014 SC 338 or re-advertise the relevant positions afresh within a reasonable timeframe. Consequently, the parties promotion and seniority claims in this context become irrelevant. 9. This petition stands disposed of in the aforsaid terms.