SHC moved against conversion of 968 technical posts into cadre posts

February 19,2019

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The Sindh High Court (SHC) has issued notices to federal and provincial law officers on a petition against conversion of 968 technical posts into cadre posts by the Sindh government.

The petitioner, Fazalur Rehman Siddiqui, submitted in the petition that the Sindh government issued a notification on October 3, last year to convert 968 technical posts of government officers from grade 17 to 21 into cadre posts.

He submitted that the impugned notification was issued with mala fide intent of APUG to get promotions by showing maximum number of posts in the province. He submitted that such practice of conversion of technical posts into cadre had restrained the promotions of non-cadre officers who were working in their departments and had right to get promotion on the posts which were now included in the impugned notification.

The petitioner argued that the implementation of the impugned notification would pave the way for nepotism and corruption in the government departments as non-qualified and inexperienced officers would be appointed against the technical posts.

The petitioner’s counsel, Shahriq Mubashir Khan, submitted that the notification was issued in violation of the Civil Service Pakistan (composition and cadre) Rules 1954 as well as orders of the Supreme Court that clearly ruled that appointments and postings should be done in accordance with the qualification and experience of incumbents.

He submitted that the posts of prosecutor general, deputy managing director Karachi Water and Sewerage Board, director general (DG) mines and mineral, DG planning and development, director Sindh Higher Education Commission, director school, and all additional secretaries and special secretaries, including field posts, were inserted in the impugned notification, which were technical posts and required technical qualification and experience.

The SHC was informed that the impugned notification was ultra vires of the articles 4, 8, 25 and 27 of the constitution that protect rights of citizens and government servants from inequality and discrimination.

The petitioner requested the court to declare the notification issued on October 3 as unlawful and declare that only technically qualified persons could be appointed against technical posts. The SHC was also requested to suspend the impugned notification till the decision of the petition. After preliminary hearing of the petition, the SHC issued notices to the federal and provincial law officers, secretary services and others, seeking their comments.


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