561/2018 Const. P. Muhammad Yousuf Malik & Ors (Petitioner) V/S Province of Sindh & Ors (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
561/2018 Const. P. Muhammad Yousuf Malik & Ors (Petitioner) V/S Province of Sindh & 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: 30-APR-25
As per the Syed Munawar Ali case (2016 SCMR 859), post-upgradation needs restructuring, reform, or public interest; it is post-specific, not for personal gain or lateral moves, and is illegal without these justifications. Further, regarding upgradation, the Supreme Court in the Anwar-ul-Haq case (2017 SCMR 890) clarified that it is often mistaken for promotion. Promotion to a twice-upgraded post, bypassing the required selection process under the recruitment rules, is almost impossible. The established legal principle is that civil/public/government servants are appointed/promoted to posts, not just grades, as further clarified by the Supreme Court in Ali Azhar Khan Baloch, case (2015 SCMR 456), requiring no further discussion here. 8. Considering the case's specifics, ordering further promotion on a twice-upgraded post is not possible unless recruitment rules permit it. However, the respondent department must address the petitioners' seniority within three months, considering their current substantive roles (if not purely for pay/pension fixation) in their substantive rank, after hearing all parties involved. This petition, along with pending application(s), is disposed of accordingly.