8715/2017 Const. P. Ehsanullah Khan (Petitioner) V/S Fed. of Pakistan and Ors (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 22-APR-25
The initial impression is that Order II Rule 2 of the CPC applies in the present case for the reason that the petitioner's complaint of wrongful denial of promotion to BS-20 seems to be a single cause of action. This rule required him to seek all related remedies, including proforma promotion to both BS-20 and BS-21, in his earlier petition (C.P. NO. D-1945 OF 2013). Consequently, he is now barred from claiming a relief not granted previously. Furthermore, even if the petitioner was senior to the BS-21 promotee, that promotion stands if the Selection Board found the junior officer more meritorious. To claim proforma promotion to BS-21, the petitioner must prove not only his eligibility and the injustice of his BS-20 non-promotion but also that he was at least as meritorious as the promoted junior. This is because BS-21 is a selection post where merit, not seniority, is the paramount factor in promotions, ensuring the most capable individuals are elevated.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.
This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.