| Citation(s) |
|---|
| 2018 SLG 129 2018 SLD 129 2018 PLC 89 |
Sindh High Court
C.P. No. D-178 of 2017, decision Date : 27-02-2017, hearing Date : 20-02-2017
IRFAN SAADAT KHAN, JUSTICE, ADNAN-UL-KARIM MEMON, JUSTICE
Abdul Jalil Zubadi, AAG for
Respondents Nos.1 and 2.
C.P. No. D-178 of 2017, decision Date : 27-02-2017, hearing Date : 20-02-2017
IRFAN SAADAT KHAN, JUSTICE, ADNAN-UL-KARIM MEMON, JUSTICE
Abdul Jalil Zubadi, AAG for
Respondents Nos.1 and 2.
MUHAMMAD KHAN SOOMRO
VS
PROVINCE OF SINDH THROUGH CHIEF SECRETARY & 3 OTHERS
Law:
Section:
Civil service--- ----Petitioner seeking nomination for attending Mid Career Management Course---Scope---Mid Career Management Course was mandatory for the purpose of promotion to the higher rank---No junior officer had been nominated for attending Mid Career Management Course---Case of petitioner did not fall within the ambit of promotion zone as well as seniority---Petitioner being a junior officer could not claim nomination for Mid Career Management Course as a matter of right; he might be considered for nomination on his turn if found eligible---No illegality or irregularity was pointed out in the impugned notification---Constitutional petition was dismissed in circumstances. Chief Secretary Sindh v. Riaz Ahmed Massan 2016 SCMR 1784 distinguished. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.--- The Petitioner through this Constitutional Petition seeks the following reliefs:- A. Direct the Respondents Nos.1, 2 and 3 to nominate the Petitioner for attending the 23rd Mid Career Management Course (MCMC) in the prime interest of justice. B. Declare that the act of Respondents for not nominating the name of Petitioner for attending the 23rd Mid Career Management Course (MCMC) is in contrary to the service rules and against the Fundamental Rights. C. Award the cost of this Petition to the Petitioner. D. Grant other relief(s) as deem fit and proper in circumstances of the above." 2. The Petitioner was appointed in Ex-PCS Cadre (BS-17). He was promoted to the post of Deputy Secretary/equivalent (BS-18) on regular basis vide Notification dated 08.11.2013 issued by the Services, General Administration and Coordination Department, Government of Sindh (Respondent No.2). 3. The case of the Petitioner is that Respondent No.2 under the directions of the Competent Authority nominated 11 Officers of Ex-PCS/PSS (BS-18) Cadre for attending the 23rd Mid Career Management Course (MCMC) (hereinafter referred to as MCMC). Such Nominations were sent to the Respondent No.3 for the above purpose. The claim of the Petitioner is that he was not considered, for attending the MCMC, which is scheduled to be commenced in the month of February, 2017 at National Institute of…
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