5494/2023 Const. P. Syed Muhammad Mehdi Raza Taqvi (Petitioner) V/S The Secretary M/o Science & Technology & Ors (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
5494/2023 Const. P. Syed Muhammad Mehdi Raza Taqvi (Petitioner) V/S The Secretary M/o Science & Technology & 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: 24-SEP-25
The above discussion leads us to an irresistible conclusion that the appointment/posting of Civil / Public Servant on OPS/additional charge basis, is violative of law and public interest as a result thereof the instant petition is disposed of with the direction to the competent authority of respondents to comply with the ratio of the decisions passed by the Honorable Supreme Court in the cases of Province of Sindh & others v. Ghulam Fareed & others [2014 SCMR 1189] and Khan Muhammad vs. Chief Secretary Baluchistan and others (2018 SCMR 1411) in its letter and spirit and avoid making the transfer and posting on own pay scale in future, however, subject to conditions as enumerated in the aforesaid judgments of the Supreme Court. Consequently, the office order dated 16.08.2021 issued by the Respondent department to the extent of respondent No.4 on OPS is set aside. The same post shall be filled on regular basis strictly under the recruitment rules. Resultantly, the pending Application[s] are disposed of.