6241/2018 Const. P. Shakil Ahmed Khan (Petitioner) V/S Province of Sindh & 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: 08-MAY-25
The respondent department submitted that the Petitioner's ad-hoc appointment since 1988, which has not been regularized, does not confer automatic promotion rights like those of permanent employees. Promotion typically requires specific qualifications, and the Petitioner lacks a relevant certificate, as highlighted. The provided seniority list is outdated and allegedly irregular, rendering it unreliable for promotion claims. Even if a junior's promotion was illegal, it does not ensure the Petitioner's promotion. Claims of delayed BS-14 promotion are weakened by the Petitioner's ad-hoc status and lack of certification. The "rule of parity" argument is also undermined by these factors. Consequently, the Petitioner's automatic entitlement to promotion is unlikely. Regularization and meeting the qualifications for the higher post are necessary prerequisites and as such this petition is dismissed. Advocates: Qadir Khan(ADVO-4151-SBC-KHI),Muhammad Nishat Warsi(ADVO-3988-SBC-KHI),Ahmed Zamir Khan(ADVO-3889-SBC-KHI),Jalil Ahmed Shaikh(ADVO-10529-SBC-KHE),Advocate General Sindh(ADVO-GEN-SBC-KHI)Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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