1605/2021 Const. P. Mst. Arshad Akhtar (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)
1605/2021 Const. P. Mst. Arshad Akhtar (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: 15-MAY-25
Thus, we are inclined to entertain the request of the petitioner in the matter. On the aforesaid proposition, we are fortified by the decisions of the Supreme Court rendered in the cases of Dr. Syed Sabir Ali v. Government of Punjab through Secretary Health Punjab and others, (2008 SCMR 1535), Federation of Pakistan and others v. Amir Zaman Shinwari, Superintending Engineer, (2008 SCMR 1138) and Dr. Muhammad Amjad v. Dr. Israr Ahmed, (2010 SCMR 1466). 8. We for the aforesaid reasons, dispose of this constitutional petition and direct the competent authority of the official respondents to re-consider the case of the petitioner for proforma promotion in BS-19, after her retirement, by way of circulation within two months subject to the availability of vacancy in BPS-19 under the Recruitment Rules. As the petitioner has already retired on April 12, 2021, therefore, her proforma promotion will not affect the seniority of any person already in service and he would be entitled to his emoluments and pensionery benefits under the law.