ORDER WITH THE SIGNATURE OF THE JUDGE

1. For orders on CMA No. 8631/2012

2. For hearing of CMA No. 11012/2010

24.04.2012

Mr. A.D. Shah, advocate for the petitioner.

Mr. Adnan A. Karim, A.A.G.

Through the instant petition, the petitioner has sought the following reliefs:-

a) Declare that the acts of deferment of promotion of the petitioner in BS-18 post on non-maintainable grounds of “for want of further scrutiny” and of making promotion of the junior respondent No. 6 out of turn in turn of the petitioner without any lawful reasons, are void acts of the official respondents not maintainable under law;

b) Direct the official respondents to place within 2 weeks the case of promotion of the petitioner to BS-18 before the DPC against the post and from the date his junior respondent No. 6 was promoted in turn of the petitioner on unlawful grounds.

The brief facts of the case are that the petitioner, who at the time of filing of this petition, was serving as PS-17 officer under respondent No. 5 was though considered for promotion by the Departmental Promotion Committee on 06.10.2009 however, his case and cases of such other officers were deferred for want of further scrutiny. By order dated 19.5.2010 this petition was disposed of by directing the respondents to consider the petitioner case for promotion in accordance with law and to decide the same within a period of one month. Though in pursuance of the aforesaid order a meeting of the DPC was held on 26.8.2010 however, his case for promotion was again deferred for want of vacancy. Third such meeting was held on 01.10.2011 and after due deliberation, the petitioner was promoted to BS-18 (Civil), however, such was done with immediate effect. Admittedly the petitioner was superseded, neither on 06.10.2009 nor on 26.8.2010 he was promoted, his promotion was deferred firstly for want of so called further security and for the second time his promotion was deferred for want of vacancy and therefore he ought to have been promoted with effect from 06.10.2009, when his promotion was for the first time deferred.

Mr. Adnan A. Karim, learned A.A.G. concedes to the above.

We would, therefore, dispose of the present applications by directing the respondents to issue a notification of the promotion of the petitioner with effect from 06.10.2009, within fifteen days from today. The inter-se seniority shall be granted accordingly.

J U D G E

DB.Mr.Justice Maqbool Baqar & Mr.Justice M.Shafi Siddiqui/24.4.2012\zahid