| Citation(s) |
|---|
| 2026 SLD 3620 |
W.P. No. 2647/2022
Presented By: (KHADIM HUSSAIN SOOMRO) JUDGE
Petitioner by: Mr. Muhammad Asif, Advocate.
Respondents by: Barrister Munawwar Iqbal Duggal, Addl. Attorney General. Mr. Azmat Bashir Tarar, AAG. Khadija Awan, Section Officer (Litigation), Establishment Division. Ejaz Ahmed, Section Officer (CP-IV), Establishment Division. Shahid Pervez, Assistant Establishment Division. Date of Decision: 26.02.2025.
Sabino Sikandar Jalal
VERSUS
Federation of Pakistan, etc.
Law: Constitution of Pakistan 1973
Section: 199, 212, 4, 10-A, 12, 13, 27, 36
Law: Service Tribunals Act, 1973
Section: 5(3)
Law: Civil Servants Promotion (BPS-18 to BPS-21) Rules, 2019
Section: 7(d)
Law: Azad Jammu and Kashmir Civil Servants (Appointment, Promotion and Transfer) Rules, 1973)
Section: 6
Tagline
Where an adequate statutory remedy has already been availed before the Federal Service Tribunal, the High Court will not exercise constitutional jurisdiction; the doctrine of exhaustion of remedies bars parallel writ proceedings.
Summary
The petitioner challenged various decisions of the Central Selection Board (CSB), Establishment Division, and the Prime Minister relating to the withdrawal of his promotion to BPS-21, seeking restoration of his promotion with all consequential benefits.
The High Court noted that although the petitioner's promotion to BPS-21 was withdrawn on the ground that his Performance Evaluation Report (PER) had not been properly countersigned, the petitioner had already challenged the withdrawal notification before the Federal Service Tribunal (FST). The FST, through its judgment dated 11.12.2024, set aside the withdrawal notification and restored the petitioner's promotion to BPS-21 with effect from 20.03.2020.