| Citation(s) |
|---|
| 2023 SLG 1968 2023 PLC & PLC(CS) 566 2023 SLD 1968 |
Sindh High Court, Sukkur Bench
C.P. No.D-89 and C.M.A. No.396 of 2022, decided on 14thApril, 2022.Date of hearing: 14th April, 2022.
Before Muhammad Junaid Ghaffar and Zulfiqar Ali Sangi, JJ
Sohail Ahmed Khoso for Petitioners.Ali Raza Balouch, A.A.G. for
Respondents.
C.P. No.D-89 and C.M.A. No.396 of 2022, decided on 14thApril, 2022.Date of hearing: 14th April, 2022.
Before Muhammad Junaid Ghaffar and Zulfiqar Ali Sangi, JJ
Sohail Ahmed Khoso for Petitioners.Ali Raza Balouch, A.A.G. for
Respondents.
SIKANDAR ALI and othersVersusPROVINCE OF SINDH through Secretary Education and Literacy Department,Sindh Sect: Karachi and 4 others
Law:
Section:
(a) Civil service--- ----Promotion, right of---Policy decision by Government, challenge to---Scope---For the post of Junior School Teachers (BPS-14) 50% quota was reserved by promotion from amongst Primary School Teachers (BPS-09) having other qualifications including seniority-cum-fitness; however, the policy was changed by the Government through approval from the Cabinet whereby it was now available only through initial appointment subject to various other conditions---Petitioners (Primary School Teachers) challenged such abrupt change in policy on the premise that a vested right had accrued to them prior to the change in policy and such right could not be taken away by retrospective application of the later notification---Validity---Promotion itself was not a right, and therefore, concept of having a vested right in such circumstances did not arise---Government was well within its rights to alter the policy---No case for indulgence was made out---Constitutional petition was dismissed. Government of N.W.F.P. v. Buner Khan 1985 SCMR 1158; Izhar Hussain v. Secretary Ministry of Industries 993 SCMR 2258; Tariq Ahmed Pathan v. FBR 2020 PLC (C.S.) 1041; WAPDA v. Haji Abdul Aziz 2012 SCMR 965; Dr. Muhammad Amjad v. Dr. Israr Ahmed 2010 SCMR 1466 and Indus Music Group SMC (Pvt.) Limited v. Federation of Pakistan PLD 2011 Kar.494 distinguished. WAPDA v. Haji Abdul Aziz 2012 SCMR 965 not considered. C.E.O Multan Electric Power Company Limited v. Muhammad Ilyas 2021 SCMR 775; Khalilullah Kakar v. Provincial Police Officer, Balochistan 2021 SCMR 1168; Muhammad Sammi Abro v. Province of Sindh 2017 PLC (C.S.) 419; Government of Khyber Pakhtunkhwa v. Saeed-ul-Hasan 2022 PLC (C.S.) 164 and Government of Khyber Pakhtunkhwa v. Hayat Hussain 2016 SCMR 1021 ref. The Central Board of Revenue v. Mr. Asad Ahmed Khan PLD 1960 SC 81; Zafar Iqbal v. Director Secondary Education 2006 SCMR 1427; Ahmed Ali and another v. Secretary, Establishment Division, Government of Pakistan, Islamabad and others 1999 SCMR 1947; Akhtar Khan Khattak and 3 others v. Province of Sindh through Chief Secretary and others 2013 PLC (C.S.) 440; Ahsan Ali Shah and 10 others v. Province of Sindh through Chief…
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