ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. NO.D-2179/2007

          Date                       Order with signature of Judge                           

1.For orders on CMA No. 1786/10

2.For hearing of CMA No. 11679/09

01.3.2010

Mr. Shabbir Ahmed Awan Advocate for the petitioner

Mr. S.M Iqbal Shah Advocate for the FBR

Mr. Ashiq Raza DAG

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The petitioner has filed this petition for non- implementation of the approval given by the Prime Minister for a promotion from BS-19 Officer of Income Tax Group to BS-20 noted in the letter dated 17.1.2007 of the Establishment Division, Government of Pakistan filed as annexure-A to the petition. Subsequently, notification dated 22.5.2007 was issued in which the name of the petitioner was omitted. On 26.8.2009 the following order was passed by this Court.

"26.8.2009

          Mr. Shabbir Ahmed Awan Advocate for the petitioner

Mr. Mian Khan Malik DAG

          ---------------------------

Mr. Mian Khan learned DAG states that the petitioner has been promoted and his grievance has been redressed.

The petition has served its purpose the same stands disposed of as such.

                                                                   Sd/-

                                                          Mushir Alam, J    

                                              Sd/-

                                      Muhammad Athar Saeed, J"    

By this application the Counsel for the petitioner has complained that the order dated 26.8.2009 has not been implemented. The Counsel for the petitioner has placed on Court record a photocopy of notification No. 0221-M-IA/2010 dated 03.2.2010 signed by Muhammad Asghar Chaudhry, Chief Management FBR, Revenue Division, Government of Pakistan showing the name of the petitioner at serial No.2 as having been promoted from BS-19 Officer of Income Tax Group to BS-20 in the their group with immediate effect. The Counsel states that the petitioner through the order dated 26.8.2009 ought to have been promoted in terms of the order of the Prime Minister contained in the letter dated 17.1.2007 and not by notification dated 03.2.2010 with immediate effect. None of the Counsel for the respondent are in 9 position to explain as to how this anomaly has occurred and more particularly the learned DAG is not familiar as to on what basis the order dated 26.8.2009 was passed.

In the circumstances, issue notice to Muhammad Asghar Chaudhry, the signatory of the notification dated 03.2.2010 to appear in Court in person with the basis and justification for issuing of the notification. Mr. Mian Khan Malik DAG is also required to be present and explain as to on what basis the statement was made by him on 26.8.2009 before the Court that the petitioner has been promoted.

Adjourned to 11.3.2010.

                                                                                                                                                                   J U DG E

J U D G E

Aamir/PS