6833/2019 Const. P. Abdul Qadir Shaikh and Ors (Petitioner) V/S Province of Sindh & Others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
6833/2019 Const. P. Abdul Qadir Shaikh and Ors (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: 02-MAY-25
Both Fida Hussain v. The Secretary, Kashmir Affairs and Northern Affairs Division, Islamabad (PLD 1995 SC 701) and Maula Bux Shaikh case, supra, confirmed the government's authority to decide promotion qualification sufficiency. However, key questions remain: Can a promotion policy violating the PEC Act or other laws (potentially leading to criminal liability) be valid? And does preventing an Executive Engineer (BS-18) from performing their professional duties create discriminatory classes within the same cadre, violating Article 25 of the Constitution? The issue of whether a promotion policy violates the PEC Act or creates discriminatory classes within the same cadre is valid is currently pending adjudication before the Supreme Court in the case of Ghulam Abbas Soomro vs The Province of Sindh, etc. (Civil Appeal No. 84-K of 2023). 11. Given the pending Supreme Court case (Ghulam Abbas Soomro), this petition is disposed of based on the existing Supreme Court dicta. The respondent department will revive the petitioners' case if the Ghulam Abbas Soomro decision warrants it, subject to the eligibility of the petitioners under the recruitment rules for proforma promotion to the next rank.