Case Details

Citation(s)
2026 SLD 3245 = 2026 SHC 399
Sindh High Court
CP No.D-1333 of 2020
Presented By: Justice Muhammad Saleem Jessar Justice Nisar Ahmed Bhanbhro
Petitioner:                      Mr. Mustafa Ali Khan holds brief for Mr. Abbadul Hussanain, Advocate a/w Petitioner
Respondents:                Mr. Muhammad Azhar Mahmood, Advocate for PTCL Zohra Sehr Vaylani, Assistant Attorney General for Pakistan Date of hearing and order:                        29.01.2026 Date of Reasons:                                         25.02.2026

(Riaz Jafar

VS

the Federation of Pakistan and 03 others)

Law: Constitution of Pakistan, 1973

Section: 199,4, 9, 14, 25 ,27

Law: Pakistan Telecommunication (Re-organization) Act, 1996

Section: 36

Law: Fundamental Rules

Section: 17(1)

Law: Industrial Relations Act, 2012

Section: 33

Summary The petitioner, a retired PTCL employee, sought Selection Grade (BPS-15), promotion to BPS-17, seniority correction, proforma promotion, and back benefits, claiming he was unfairly denied promotions while his juniors received them. PTCL argued that the petition was time-barred, not maintainable, and that the petitioner had already retired and was not entitled to promotion. The Court held that although the petitioner could not claim regular retrospective promotion after retirement, he successfully proved that he had been wrongfully denied the Selection Grade without any lawful justification while similarly situated juniors received it. The Court found this discriminatory and violative of constitutional guarantees of equality and fair treatment. Consequently, the petition was allowed partly, directing PTCL to grant the petitioner Selection Grade/Proforma Promotion (BPS-15) from 28.11.2001 with consequential financial benefits, but declining his claim for regular promotion to BPS-17. Sections / Laws Used Article 199 – Constitution of the Islamic Republic of Pakistan, 1973 Articles 4, 9, 14, 25 & 27 – Constitution (due process, dignity, equality, non-discrimination) Section 36 – Pakistan Telecommunication (Re-Organization) Act, 1996 Civil Servants Act, 1973 Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 Fundamental Rule (FR) 17(1) (Proforma Promotion) Industrial Relations Act, 2012 (Section 33 discussed) PTCL Service Rules (1973) SRO 965(I)/2022 (Finance Division Notification) 2-Word Description Service Discrimination O R D E R Through this petition, the petitioner claims following relief(s):- “A) Declare that the petitioner is equally entitled for the same treatment that has been extended to the juniors and like his juniors petitioner is also entitled for the BPS-17 in which his juniors have been retired without any discrimination of law and Petitioner is entitled for back date seniority with all back date benefits right from the accrual of the right to the Petitioner and Petitioner has been victimized by superiors. That the impugned orders passed against the Petitioner are liable to be set aside at the…
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