7657/2018 Const. P. Muhammad Irshad (Petitioner) V/S Province of Sindh & Others (Respondent)

Sindh High Court2025

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)

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7657/2018 Const. P. Muhammad Irshad (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: 05-MAY-25 The Supreme Court has repeatedly affirmed that promotion is not an inherent right of a civil or public servant, and therefore, cannot be demanded as such. However, in this specific instance, the petitioner was initially appointed as a Superintendent, Communication BS-16 in the Solid Waste Management Board (SWMB) of the Karachi Metropolitan Corporation (KMC) in 1991. Subsequently, his position was re-designated as Assistant Executive Engineer BS-17 following his B.Tech (Hons) qualification, as per an order dated March 8, 2023. Nevertheless, the petitioner's promotion prospects are contingent upon the legal precedent established in the case of Moula Bux Shaikh (2018 SCMR 2098), and a similar matter is currently under consideration by the Supreme Court. Consequently, this Court cannot examine the petitioner's eligibility for promotion to BS-18 based on his B.Tech degree, as the Supreme Court has already provided a definitive ruling on this matter.
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