Case Details

Citation(s)
2024 SLG 5300 2024 SLD 5300 2024 PLC 954
Sindh High Court
Constitutional Petitions Nos.D-5468 and 5663 of 2023, decided on 29th February, 2024. Date of hearing: 29th February, 2024.
Before Muhammad Junaid Ghaffar and Adnan-ul-Karim Memon, JJ
Ali Asadullah Bullo for Petitioner. Khalid Javed for
Respondents Nos.2 to 5. Kashif Nazir, Assistant Attorney General along with Khalid Ahmed Bablani, Director (Finance) PSQCA, Zubair Nomani, Director (Legal), PSQCA and Khalid Ali Lashari, Assistant Director (Legal) PSQCA for
Respondent No.1.

Syed ALI MUHAMMAD

VERSUS

The FEDERATION OF PAKISTAN through Secretary Ministry of Science and Technology and 3 others

Law:

Section:


Civil service---

----Transfer and posting---Non-existence of relevant post at the place of posting---Effect---Post of the petitioner admittedly did not exist at the moment, therefore, the transfer of the petitioner on a post, which did not exist, had put the petitioner to a disadvantageous position as to his appointment and promotion and holding of his present post---Respondents had been unable to justify that any such post had been created, therefore, the action taken by the respondents was held not to be in consonance with their rules and the availability of the post---Constitution petition was accordingly disposed of with a direction to the competent authority to ensure proper posting of the petitioner as per his appointment by way of promotion at the place of his posting.

Fida Hussain Shah and others v. Government of Sindh and others 2017 SCMR 798; Khan Muhammad v. Chief Secretary Government of Baluchistan 2018 SCMR 1411; Khalilullah Kakar v. Provincial Police Officer 2021 SCMR 1171 and Dr. Muhammad Saleem v. Government of Baluchistan 2024 PLC (C.S.) 77 rel.

🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492