8715/2017 Const. P. Ehsanullah Khan (Petitioner) V/S Fed. of Pakistan and Ors (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
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.