Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 1052. In this matter between Const. P. 2448/2026 (D.B.) Sindh High Court, Karachi - Saeed Iqbal (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 2448/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 1052 PARTIES: Saeed Iqbal (Petitioner) ORDER DATE: 07-MAY-26 BENCH: Hon'ble Mr. Justice Muhammad Saleem Jessar(Author), Hon'ble Mr. Justice Nisar Ahmed Bhanbhro A.F.R: Yes ------------------------------------------------------------ ORDER SHEET IN THE HIGH COURT OF SINDH KARACHI

Const. Petition No. D-2448 of 2026 (Saeed Iqbal v. Province of Sindh thr. Secretary Law & Parliamentary Affairs and others) __________________________________________________________________ Date Order with signature(s) of Judge(s)

Fresh case 1. For orders on Misc. No.11306/2026 (Urgent Application) 2. For orders on office objection Nos.8 and 22 3. For orders on Misc. No.9877/2026 (Exemption Application) 4. For orders on Misc. No.9878/2026 (Stay Application) 5. For hearing of main case

07-05-2026 Mr. Muhammad Nishat Warsi, Advocate for the petitioner ----------------------

1. Urgency granted. 3. Exemption granted subject to all just exceptions. 2,4&5. Through this petition, the petitioner has claimed his promotion with effect from 19.01.2023. When confronted with the fact that the petitioner, being a civil servant, had asserted a right which allegedly accrued to him in the year 2023, learned counsel submitted that the petitioner was promoted to the post of Junior Clerk in Grade -14, but since his colleagues were promoted in the year 2023 and, as per the seniority list dated 22.01.2026, the petitioner was also entitled to promotion with effect from 19.01.2023. Admittedly, the petitioner is a civil servant and his colleagues were recommended for promotion through the Departmental Promotion Committee meeting held on 19.01.2023; however, the petitioner did not challenge the said promotions before the appropriate forum. Even otherwise, the petitioner seeks the benefit of seniority, etc., which involves disputed questions of fact requiring evidence and cannot be adjudicated under writ jurisdiction of this Court, the matter being barred under Article 212 of the Constitution of the Islamic Republic of Pak istan, 1973. Besides,

Const.Petition No.D-2448/2026 -2-

the petitioner has challenged the earlier notification after a lapse of more than three years; therefore, this petition is also hit by laches. For the foregoing reasons, this petition fails and is accordingly dismissed in limine along with pending application.

Judge Head of const. Benches

Judge

B-K Soomro

Approved for Reporting

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