1999 PLP 3425 (MLD)

WAJIHUDDIN AHMED, J.

The petitioner maintains that he joined the Government service in the province of Sindh as a Superintendent Jails (BPS-18) on 9-2-1974. He claims to have performed duties as Deputy Inspector-General of Prisons (D. I. G) Sindh from 1-1-1987 till the date of filing of the petition viz 1-3-1997, the post of D. I. G., according to him, also falling in BPS-18. The petitioner then says that because he was qualified and eligible for promotion to the next higher post namely, the post of Inspector-General of Prisons, he made a representation dated 19-4-1995 to the Chief Secretary, Government of. Sindh, through proper channel, which was duly forwarded on 26-7-1995. The petitioner claims to have been cleared for promotion by the Selection Board-II on 28-3-1996. While no promotion order has been produced by the petitioner, he relies on an extract from the minutes of the meeting of the Provincial Selection Board held on 28-3-1996, reproduced in a note for the Chief Secretary by the Home Secretary, Govt. of Sindh, which is, in the following terms:.-- "SUBJECT: EXTRACTS FROM THE MINUTES OF THE MEETING OF PROVINCIAL SELECTION BOARD NO. II HELD ON 28-3-1996: The Chief Secretary Sindh may kindly refer to the minutes of the meeting, held on 28-3-1996 (Annexure-1).

2. As Mr. Ukash Ali Shaikh, D. I. G. Prisons has been promoted to the post of Inspector-General of Prisons (BS-19), it is proposed that Mr. Ukash Ali Shaikh may be posted as L-G. Prisons Sindh on regular basis on his promotion. Since posting of I. G. Prisons is within the purview of S & GAD, necessary action may be taken accordingly.

3. For orders at para. 2 above. (NAWEED AHSAN) HOME SECRETARY SINDH Reliance is next placed by the petitioner on a letter dated 30-6-1996, which in extenso is this:- "The Secretary to Government of Sindh, Home Department, Karachi. SUBJECT: POSTING OF MR. UK ALI SHAIKH I am directed to refer to your U. O. No. P R S/.11-1/74 dated 8-5-1996 on the subject noted above, with ;a request to furnish fresh posting proposal of Mr. Ukash Ali Shaikh, D. I. G. Prisons after promotion to BPS-19, as has been cleared by the Provincial Selection Board-II meeting on 28-3-1996. (ASIF JAHANGIR) SECTION OFFICER-I" However, per notifications dated 9-7-1996 and 30-11-1996 the petitioner maintains that his rights of promotion were transgressed. The petitioner adds that he has since been also promoted in Grade-19 by way of move-over w.e.f. 1-12-1985. Direction to the respondents is sought for issuance of the posting and promotion notification of the petitioner in Grade-19 as Inspector-General of Prisons as also a corresponding order that representation of the petitioner dated 6-11-1996 (copy Annexure-K) addressed to the Chief Secretary be disposed of, Such is claimed to have been forwarded on 21-11-1996 (Annexure-L). Regarding the prayer last mentioned, we passed orders to the following effect on 24-4-1997:-- "As to prayer (b) in the petition we would, in consonance with sonic decided case law, direct the respondents to determine the pending representation of the petitioner dated 6-11-1996 within a further fort night's time. While it was not reported whether or not compliance of the order dated 24-4-1997 was effected, relative to the remaining prayer the petition was heard and orders were reserved on 20-5-1997. Similar other cases viz C. P. No. D-123 of 1997 and others were heard on 21-5-1997 and through the short orders passed on such date itself were dismissed. Reasons for those orders were recorded on 1-7-1997. The case of the petitioner is not dissimilar to those in the referred decided petitions. Jurisdiction in such cases is exclusively that of the Service Tribunal- To the extent permissible, orders in this petition, in the way of grant of partial relief, have already been passed on 24-4-1997, as reproduced above. Such is m consonance with S. M. Rizvi v. Maqsood Ahmed, PLD 1981 SC

612. The remaining matters namely, issuance of applicable orders of promotions, etc., if required by law to be issued, are matters which can be dealt with by the Service Tribunal. An argument was raised in this petition by Mr. M. M. Aqil Awan that at the time the case was argued, the Service Tribunal was non-functional inasmuch as no Chairman of the Tribunal stood appointed. In the referred petitions, we had issued directions for such appointment to be made and that has since materialised. As a result, no further relief can be granted to the petitioner in this petition, which, except to the extent ordered on 24-4-1997, is dismissed. However, in case the petitioner's representation still remains pending, no further time would be lost in disposing of such representation. There will be no order as to costs in this petition. Q.M.H./M.A.K./U-22/K/ Petition dismissed.