| Citation(s) |
|---|
| 2026 SLG 2129 2026 SLD 2129 = 2026 SHC 803 |
Sindh High Court
C.P. No.D-1881 of 2024/C.P. No.D-1908 of 2025
Presented By: Date of hearing and order:- 08.04.2026 Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Mr. Hussain Bux Sario advocate for the petitioner in C.P. No.D-1908 of 2025. Mr. Abdul Abdul Salam Memo advocate for the petitioner in C.P. No.D-1881 of 2024 Dr. Shahnawaz Memo advocate for the respondent Mr. Irfan Mir Halepota advocate for the respondent Mr. Imtiaz Ali Malik advocate for the respondent Mr. Salim Raza Soomro advocate for the respondent Ms. Samina Mumtaz advocate for the respondent Mr. Abdul Jalil Zubedi, AAG
C.P. No.D-1881 of 2024/C.P. No.D-1908 of 2025
Presented By: Date of hearing and order:- 08.04.2026 Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Mr. Hussain Bux Sario advocate for the petitioner in C.P. No.D-1908 of 2025. Mr. Abdul Abdul Salam Memo advocate for the petitioner in C.P. No.D-1881 of 2024 Dr. Shahnawaz Memo advocate for the respondent Mr. Irfan Mir Halepota advocate for the respondent Mr. Imtiaz Ali Malik advocate for the respondent Mr. Salim Raza Soomro advocate for the respondent Ms. Samina Mumtaz advocate for the respondent Mr. Abdul Jalil Zubedi, AAG
(Abdul Rauf Kanhar
VS
Province of Sindh & others) (Naib Ali Bhanbhan versus Province of Sindh & others)
Law: Constitution of Pakistan, 1973
Section: 199, 212, 4, 5
Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974
Section: 3(2), 9(1)
Summary: The petitioners challenged promotions of ministerial staff to BS-16 Assistant Superintendent of Prisons posts, alleging illegal cross-cadre promotions and violation of service rules and Supreme Court precedent. The Court held that the dispute concerned seniority, promotions, and service matters falling within the exclusive jurisdiction of the Sindh Service Tribunal under Article 212. It found the promotions were lawful intra-departmental promotions made under the applicable recruitment rules, rejected the claim of separate cadres, held the petitions were barred by delay (laches), and dismissed all petitions. Sections / Provisions Used: Article 199 — Constitution of Pakistan, 1973 Article 212 — Constitution of Pakistan, 1973 Article 4 — Constitution of Pakistan, 1973 Article 5 — Constitution of Pakistan, 1973 Rule 3(2) — Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 Rule 9(1) — Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 2-Word Descriptions: Service Promotion Tribunal Jurisdiction O R D E R The petitioners in C.P. No.D-1881 of 2024 have filed the captioned Constitutional Petitions under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking to declare the promotions of private respondents from BS-14 Ministerial positions to BS-16 Jail Police cadre illegal and without legal effect. They also seek direction that future promotions be made strictly in accordance with law, the Constitution, and the Supreme Court’s judgment (2015 SCMR 456, Para 114), ensuring harmonization of the rules with the established legal framework. The learned counsel for the Petitioners submitted that the Petitioners, serving as Assistant Superintendents of Prisons in various districts of Sindh, including Karachi, are entitled to fundamental rights guaranteed under the Constitution of Pakistan. He submitted that the Petitioners were originally appointed in BS-14 and subsequently upgraded to BS-16 by notification dated 10-11-2021, retrospectively effective from 15-12-2010. This retrospective up-gradation was challenged before this Court in Constitutional…