4545/2018 Const. P. Kaleem Ahmed Siddiqui (Petitioner) V/S Fed. of Pakistan and Others (Respondent)

4545/2018 Const. P. Kaleem Ahmed Siddiqui (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: 25-APR-25

The core argument is that the 1999 Move-over Policy entitles an employee to the next higher scale one year after reaching their maximum pay. Reaching the maximum is presented as an independent criterion, not subordinate to the eight-year service requirement. Thus, employees at their maximum should not be denied move-over solely for not completing eight years, as this is an alternative condition intended to prevent pay stagnation without promotion. In this case, the petitioner, who retired on 24th May 2018, claims SVP move-over eligibility from 01/01/2017. He reached his VP scale's maximum on 01/01/2016 (promoted 01/04/2015), and the ZTBL policy allows a move-over one year after reaching maximum post-promotion. However he was simply denied his moveover based on his recovery performance being as Manager in the year 2016-2017, which prima facie is against th merit based on the anology that the employee is entitiiled to next higher scale one year after reaching maximum pay whereas petitioner reached his VP scalces maximum in the year 2016, however the denial is not based on merit, rather based on recovery, which can not be made an excuse to deny the benefit of move over policy by adding the provision in agenda item No.30 in Clause a and b which is conditional criteria cannot supersede the merit, thus the declining the request of the petitioner is not in consonance with the basic spirit of the policy.