| Citation(s) |
|---|
| 2025 SLG 5254 2025 SLD 5254 = 2025 SHC 2420 |
Constitutional Petition No.D-8004 of 2022
Before: Muhammad Karim Khan Agha, J. Adnan-ul-Karim Memon, J.
Date of hearing and order: 16.09.2025 Mr. Faizan Hussain Memon, advocate for the petitioner Mr. Ali Safdar Depar, AAG
(Ms. Nasreen Sahito
VERSUS
Province of Sindh and others)
Law: Constitution of Pakistan, 1973
Section: 199
Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1975
Section: RULE 9,10,11(A),(D)
Case Summary
The petitioner, a Lecturer (BPS-17) appointed through the Sindh Public Service Commission (SPSC), challenged the incorrect preparation and maintenance of seniority lists by the respondents. She alleged that the respondents failed to follow the Sindh Civil Servants (Probation, Confirmation & Seniority) Rules, 1975, particularly Rules 9, 10, and 11, resulting in her being placed junior to officers who joined service later. This incorrect seniority adversely affected her consideration for promotion to Associate Professor (BPS-18).
The respondents argued that the petitioner’s objection was time-barred and that she had earlier withdrawn a service appeal before the Sindh Service Tribunal. The Court noted that seniority must strictly be determined under the 1975 Rules and observed that the petitioner’s grievance regarding seniority had not been finally adjudicated by the competent authority.
Accordingly, the Court disposed of the petition with directions to the competent authority to decide the petitioner’s pending appeal/representation within two months, after hearing all stakeholders and strictly in accordance with the law governing seniority.