8501/2018 Const. P. Mushtaq Ahmed (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)
8501/2018 Const. P. Mushtaq Ahmed (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: 23-MAY-25
Given that the HPSB, the competent authority, determined the petitioner was not fit for promotion to a merit-based selection post, this Court cannot re-evaluate that decision under Article 199 of the constitution at this stage, when we are in 2025. Therefore, there's no basis to invoke Article 25 of the Constitution, especially in light of the Supreme Court's decision in National Bank of Pakistan v Sajjad Ali Khaskheli (2023 PLC(CS) 276), which held that there is no provision for proforma promotion in relevant service rules. This is further supported by the fact that the petitioner has retired and received all due benefits. 8. Given the foregoing discussion, we find no merit in this petition that would warrant intervention by this Court. Therefore, the petition is dismissed, along with any pending applications.