2418/2017 Const. P. S.M. Kaleem Makki (Petitioner) V/S Province of Sindh and Ors (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi
2418/2017 Const. P. S.M. Kaleem Makki (Petitioner) V/S Province of Sindh and Ors (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi Order Date: 12-FEB-26
In view of the above legal position, we are of the considered opinion that the withdrawal of the Petitioner???s absorption in the PSS cadre was lawful and in compliance with the judgment of the Supreme Court. The promotion to BPS-20, being consequential to such absorption, could not survive after the absorption was declared void ab initio. The Petitioner cannot claim a vested or accrued right in BPS-20 in the absence of a lawful substantive position in that cadre or under the recruitment rules. The impugned notification treating the Petitioner as a BPS-19 officer does not suffer from illegality or lack of lawful authority. 15. Accordingly, the Constitutional Petition, being devoid of merit, is dismissed along with pending application(s), with no order as to costs.