Law: Sindh Civil Servants (Amendment) Act, 2013

Section:

Summary

The petitioner, a BPS-19 officer at Karachi Metropolitan Corporation (KMC), challenged an order issued by Respondent No. 2 posting a junior BPS-18 officer (Respondent No. 5) on an “own pay and scale” (OPS) basis to his senior position of Senior Director (BPS-19). The petitioner argued that the order violated the Sindh Local Councils Employees (Service) Rules 2017, specifically Rule 20(3), which requires government approval for transfers/postings to BPS-19 positions, and Supreme Court precedents prohibiting such unauthorized appointments. The respondents conceded to allocate the petitioner a suitable BPS-19 posting but kept him on Officer on Special Duty (OSD) status for a substantial period. The court disposed of the petition based on the parties’ agreement to provide the petitioner a proper posting in line with applicable laws and KMC rules, without addressing the substantive merits.

Core Points

• Petitioner is a confirmed BPS-19 officer with lawful posting under Sindh Local Councils Employees (Service) Rules 2017.
• Rule 20(3) mandates prior government approval for BPS-19+ transfers/postings; this rule was violated.
• Respondent No. 2 posted a junior BPS-18 officer as Senior Director (BPS-19) on “own pay and scale” basis unlawfully.
• Supreme Court judgments prohibit appointments of junior officers to senior grades on OPS basis and improper deputation posts.
• Transfer of Respondent No. 5 from PAS to KMC violates service rules on inter-service transfers and appointment procedures.
• Previous unlawful attempts to disrupt petitioner’s lawful posting were nullified by competent authority.
• Respondents recognized the need to provide petitioner a suitable BPS-19 posting but delayed substantive posting, keeping him on OSD.
• Court disposed petition on parties’ agreement without examining case merit, ensuring petitioner’s lawful posting within two weeks.

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