Law:

Section:

Constitution of Pakistan, 1973-- ----Arts. 4, 25 , 212(3)--Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, R. 9-A--Appointment as planning officer--Promotion as District Officer Administration, Accounts , Development--Post was abolished--Surplus pool--Creation of post in BPS-20 for appellant--Appointment rules were amended for appellant--Filling of appeal by respondent--Dismissed as premature--Appeal before service tribunal was disposed of and promotion of appellant was set aside--Determination of merit for promotion--Non-consideration of respondent for promotion--Violation of constitution--Aggrieved person--Challenge to--Law does not permit to competent authority to just pick one specific person and amend rules for him and then create a post and oblige and grant promotion to that one person--Other batch-mates of appellant in BPS-19 in Health Department who were even senior to him from very beginning of their service career, were ignored, in that, their cases of promotion were not put up before competent authority for determination of their merit for promotion to post in BPS-20--Impugned legislation, prima facie, has been made to protect, promote and select specific persons who are close to centre of power, and has altered terms and conditions of service of civil servants to their disadvantage in violation of Article 25 of Constitution--Very non-consideration of respondent for grant of promotion to post of BPS-20 along with his batch-mates, which included appellant, whose case only out of total number of his batch-mates was considered for promotion and also granted promotion by making amendments in rules and creating post specifically for him, did make respondent an aggrieved person for that his right to be considered for promotion along with his batch-mates was at all not dealt with by competent authority--Appeal dismissed. [Pp. 139, 140 , 143] A, B, C , D 2018 SCMR 349, 2013 SCMR 1752 and PLD 2012 SC 870 ref. JUDGMENT Gulzar Ahmed, CJ.--This civil appeal is by leave of the Court vide order dated 03.12.2020. 2. Facts of the matter are that Respondent No. 5-Ali Abbas (the respondent) and appellant Abdul Sattar Jatoi were appointed on…

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