ZULFIQAR ALI SHAH versus PROVINCE OF SINDH THROUGH CHIEF SECRETARY, GOVERNMENT OF SINDH
Article 199 Constitution of the Civil Service Upgrade Posts 26 posts were upgraded out of 91 posts that were not promoted to advanced positions, praying that only 26 posts instead of all 91 posts were upgraded. The ban was declared illegal and the suggestion of the applicants that the authorities were instructed to upgrade all positions was that, if the post was upgraded, the holder of the post would be automatically promoted and If a post has been upgraded, all other similar posts should also be upgraded. As if the same, then, was the principle that the authorities claimed that only 26 posts were upgraded and that the upgrade was different from promotion and compliance with the rules for promotion was upgrading the posts under the notification. That said the post has been upgraded and not in terms of it. In the name of the officers, but in terms of the appointments in which 26 of the 91 posts were upgraded, it was not a situation when the holder of this particular position was held in that particular position, Regardless of the person holding the particular position. At certain times, some posts were upgraded. Such discretion could not be ruled out. Some posts in BPS17 were deleted and as a result BPS18 posts were created. And then through the Departmental Promotion Committee, a process for development, which could not be said to be a violation of the law, was dismissed.
Related judgments — Karachi High Court Sindh, 2011
