8075/2022 Const. P. Sheikh Arshad Ali (Petitioner) V/S SBCA and Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 25-AUG-25
Primarily, the promotion in next rank is to be made based on senior cum fitness coupled with availability of vacancy under the Recruitment Rules and if those rules do not equate positions to BPS-19, the same cannot be granted based solely on the analogy put forward by the petitioners. However, it is for the respondent department to deal with the service issues of the employees in accordance with law in terms of the decision of the Supreme court in the case of Moula Bux Shaikh (2018 SCMR 2098), and a similar matter is currently under consideration by the Supreme Court reported as 2024 SCMR 673, to see the legality of the aforesaid judgment rendered in Moula Bux Shaikh case. Consequently, this Court cannot examine the petitioner's eligibility for promotion in next rank based on their B.Tech degree, as the Supreme Court has already provided a definitive ruling on this matter. However the decision of the secretary Local Government is subject to final out of the supreme court. 9. In view of the aforesaid legal position of the case, this petition is dismissed with pending application(s)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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