5954/2022 Const. P. Muhammad Rafiq (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
5954/2022 Const. P. Muhammad Rafiq (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: 02-SEP-25
Primarily, appointments to government positions made on an officiating or additional/current charge basis are temporary, for a specific purpose, and cannot violate established laws or be continued indefinitely. Such practices can cause frustration among other employees, hinder the promotion of deserving candidates, and undermine the principles of transparency and fairness essential for good governance. The legal system requires that permanent vacancies be filled promptly to avoid the spoils system and ensure that civil servants are appointed based on merit. However, in the present case, this Court finds that the petitioner has no vested right to claim BS-20 position without regular promotion under the current recruitment rules, even though he currently has temporary charge of it, which is a stop gap arrangement till eligible officer of that cadre is appointed. 16. The petition is deemed "misconceived" and is dismissed along with pending application(s) without any order for costs.