5627/2016 Const. P. Muhammad Kamaluddin (Petitioner) V/S Fed. of Pakistan and Ors (Respondent)

5627/2016 Const. P. Muhammad Kamaluddin (Petitioner) V/S Fed. of Pakistan and 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: 21-APR-25

Previously, the private respondent (now relevant to the current petitioner's seniority claim) sought promotion as an Assistant Accountant BPS-15. This court, noting the official respondents' commitment to consider the promotion in an upcoming DPC within six months, disposed of that petition. Now, the current petitioner requests the court to retroactively correct his initial BPS to BPS-15 from his appointment date and place him above the private respondent in the seniority list. He also seeks to prevent the promotion of any junior employee to Assistant Accounts Officer BPS-16 until his case is resolved. The respondents submitted that the private respondent's BPS-15 appointment followed a different advertisement with distinct criteria and that the petitioner's promotion to BPS-15 was through a DPC. They also clarified that a later BPS-13 to BPS-14 upgrade was not retroactive. The private respondent asserted his seniority in the BPS-15 cadre, which the official respondents claimed the petitioner had never challenged before. They alleged the petitioner's current action is driven by ulterior motives following the private respondent's earlier petition and cite a previous court order (dated 20.4.2017 in C.P D No. 3006 2016) in their favor. This court concludes that this seniority issue needs to be resolved by the competent authority of the respondents after hearing both parties within three months. This petition stands disposed of in these terms.