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Official Citation: 2025 SHC 3273
Court / Jurisdiction: Sindh High Court
Petitioner: Const. P. 4197/2025 (D.B.) Sindh High Court, Karachi - Waqar Hussain Phulpoto & Another (Petitioner)
Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 3273. In this matter between Const. P. 4197/2025 (D.B.) Sindh High Court, Karachi - Waqar Hussain Phulpoto & Another (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.
COURT: Sindh High Court CASE NO: Const. P. 4197/2025 (D.B.) Sindh High Court, Karachi CITATION: 2025 SHC KHI 3273 PARTIES: Waqar Hussain Phulpoto & Another (Petitioner) ORDER DATE: 12-NOV-25 BENCH: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam, Hon'ble Justice Ms. Sana Akram Minhas(Author) A.F.R: Yes ------------------------------------------------------------ ORDER SHEET IN THE HIGH COURT OF SINDH AT KARACHI
CP No. D–2306 of 2025 (Javed Iqbal Barqi v. Province of Sindh & Others)
CP No. D–1533 of 2025 (Ashique Ali Langah v. Province of Sindh & Others)
CP No. D–4197 of 2025 (Waqar Hussain Phulpoto & Another v. Province of Sindh & Others) ____________________________________________________ DATE: ORDER WITH SIGNATURE(s) OF JUDGE(s) ____________________________________________________
Before:
Mr. Justice Muhammad Faisal Kamal Alam Justice Ms. Sana Akram Minhas
Petitioner in CP No.D-2306 / 2025 Through Mr. Muhammad Vawda, (Javed Iqbal Barqi) Advocate
Petitioner in CP No.D-1533 / 2025 Through Mr. Rafiq Ahmed Kalwar, (Ashique Ali Langah) Advocate
Petitioners in CP No.D-4197 / 2025 Through Mr. Ali Asadullah Bullo, (Waqar Hussain Phulpoto & Advocate Ashique Ali Langah)
Respondents No.1 to 4 in CP No.D-2306 / 2025
1. Province of Sindh, through Chief Secretary M/s Sohail Hayat Khan Rana, Rao 2. Province of Sindh, through Secretary Taj, Rana Muhammad Qaiser & 3. Sindh Environmental Protection Agency Qazi Ali Athar, Advocates for 4. Waqar Hussain Phulpoto Respondent No.4
Respondents No.1 to 4 in CP No.D-1533 / 2025:
1. Province of Sindh 2. Environment, Climate Change & Coastal Development 3. Sindh Environmental Protection Agency 4. Provincial Selection Board-1
Respondents No.1 to 4 in CP No.D-4197 / 2025:
1. Province of Sindh 2. Services, General Administration & Coordination Dept. 3. Environment, Climate Change & Coastal Development Dept. 4. Section Officer (G)
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Mr. Abdul Jalil A. Zubedi, A dditional AG Sindh, Barrister Sandeep Malani, A ssistant AG Sindh, M/s Bhuromal, Law Officer & Shaheen Khan, Section Officer.
Date(s) of Hearing: 26-9-2025, 2-10-2025 & 7-10-2025
Date of Decision: 12-11-2025
JUDGMENT
1. Sana Akram Minhas, J: Since the primary issue in all three Petitions – viz., the appointment criteria for the post of Director General (“DG”), Sindh Environmental Protection Agency (“SEPA”) – is similar, they are being decided through this common judgment.
Submissions of Respective Petitioners
CP No.D-2306 of 2025 (Petitioner Javed Iqbal Barqi)
2. The Petitioner in CP No.D-2306/2025 has challenged the promotion of private Respondent No.4, Waqar Hussain Phulpoto (“Incumbent WHP”), to the post of Additional Director General (“ADG”) of SEPA vide Notification dated 24.3.2025, and subsequently his transfer and posting as DG SEPA until further orders, vide Notification dated 2.5.2025.
3. Mr. Muhammad Vawda, learned Advocate for the Petitioner, contends that both these Notifications are in violation of the service structure and prescribed rules governing SEPA. According to him, the structure is regulated by the original recruitment rules, namely Notification dated 17.1.2009 (“ Original Rules 2009”) and the Incumbent WHP is not qualified to hold the post of DG SEPA, as the eligibility criteria is mentioned under column -4 of the Original Rules 2009; that SEPA is established with a specific object and purpose under a special statute, viz. Sindh Environmental Protection Act, 2014 (“Act 2014”), inter alia, to oversee and implement the affairs relating to environment, quality of air, water, land or noise, and thus the above rules require that the DG should possess a Ph.D. or a post-graduate degree in Environmental Engineering and Environmental Sci ence. Further contends that Incumbent WHP lacks the eligibly criteria as it is not clear from the Parawise Comments of Province of Sindh (Respondent No.1 herein) that how much time he has spent in Grade- 17 and above, which could make him eligible for the above post of ADG and DG of SEPA.
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CP No.D-1533 of 2025 (Petitioner Ashique Ali Langah)
4. Mr. Rafiq Ahmed Kalwar, learned Counsel representing the Petitioner (Ashique Ali Langah) in CP No.D-1533/2025 has challenged the Notification dated 21.7.2025 (“Impugned Notification”) whereby the appointment criteria for the post of DG SEPA have been purportedly altered, and this post is now to be filled by transfer from amongst the cadre officers of “ PAS / Ex -PCS / PSS / PMS ” ( i.e. Pakistan Administrative Service / form er Provincial Civil Service / Provincial Service / Provincial Management Service). He maintained that his client, having met both the prescribed academic qualifications and the requisite length of service, was lawfully entitled to promotion as DG, SEPA.
5. Tracing the historical background of the office of the DG SEPA, Counsel referenced the Act 2014, to submit that appointments to the post have consistently been made in accordance with the academic qualifications prescribed in the Original Rules 2009. He re ferred to the Notification dated 3.10.19941 to demonstrate that since inception, the qualification requirements for the post of DG have remained unchanged. Attention was also invited to Notification dated 9.12.20142, whereby Mirza Naeem Ahmed Mughal, then a senior officer/Technical Director (BPS-19), was promoted and posted as DG SEPA (BPS -20) ostensibly under the said Rules. Citing the recently introduced Article 9-A of the Constitution of Pakistan, 1973, which enshrines the right to a clean and healthy environment as a fundamental right, he contended that the head of such an agency must be a person equipped with appropriate technical expertise and practical experience in the field. Reliance was placed by him on case law3.
CP No.D-4197 of 2025 (Petitioners Incumbent Waqar Hussain Phulpoto and Ashique Ali Langah)
6. Mr. Ali Asadullah Bullo, learned Advocate representing the Petitioners ( viz., Incumbent WHP and Ashique Ali Langah) in CP No.D -4197/2025, has also assailed the same Impugned Notification dated 21.7.2025, as being illegal and without lawful authority. He states that the Incumbent WHP (Petitioner No.1 in CP No.D -4197/2025) being the senior -most officer has been presently promoted as ADG SEPA, and ought to be confirmed in the said position on a regular basis.
1 At Court File Pg.247 of his Statement dated 29.9.2025 in CP No.D-1533/2025
2 At Court File Pg.259 in CP No.D-1533/2025
3 PLD 2018 Lah 364 ; 2023 SCMR 969 ; 2024 SCMR 2004 & Order dated 10.3.2022 in CP No.D - 6752/2016
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7. He referred to the Order of the Hon’ble Supreme Court dated 13.3.2017 in CP No.38/2016 ( Shahab Usto v. Government of Sindh ), attached with the Parawise Comments submitted by the Secretary, Environment, Climate Change and Coastal Development Department (Respondent No.2 in CP No.D-2306/2025). He pointed out that the Supreme Court’s Order observed that the post of DG SEPA is a cadre post and directed that a cadre officer be appointed thereto. Counsel explained that the direction of the Supreme Court was given when the post of DG SEPA was a cadre post, which was subsequently removed considering the technical nature of job.
Submissions on behalf of Official Respondents
8. The above arguments have been rebutted by Mr. Abdul Jalil A. Zubedi and Mr. Sandeep Malani, the learned law officers for the Province. They have laid emphasis on the Supreme Court’s Order of 13.3.2017 arguing that it had expressed the view that the post of DG SEPA is a cadre post in BPS-20 and directed the Government to appoint a cadre officer on the said post immediately. They averred that it was in light of the Supreme Court’s directives that the official Respondents have amended the rules/notifications through the Impugned Notification. They further averred that the Impugned Notification has not been challenged in CP No.D-2306/2025 and, therefore, at least that Petition may be dismissed.
9. Regarding the eligibility criteria /qualification of ADG (BPS -20), Counsel referred to the Notification of 3.1.20204 (“Notification 2020”) and stated that the Notification 2020 has been issued, inter alia, in partial modification of the Original Rules 2009. Mr. Abdul Jalil A. Zubedi, AAG underscored that although the Impugned Notification purports to have been issued in “supersession” of the earlier Notifications, in substance it has been issued in addition to them. When specifically questioned by the Court, he reaffirmed that the said Rules 2009 continue to remain intact and operative.
10. Arguments heard and record perused.
Opinion of the Court
11. Since the present controversy revolves around the posts of DG and ADG of SEPA, therefore, their eligibility criteria as mentioned in the Original Rules 2009 (pertaining to appointment of DG) and Notification 2020 (pertaining to
4 At Court File Pg.51 (Annex A-4) of Parawise Comments of Respondent No.1 in CP No.D-2306/2025
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appointment of ADG issued in partial modification of Original Rules 2009) are respectively reproduced below:
Original Recruitment Rules Dated 17-1-2009:
Sr. No. Name of Post with BPS Method of Appointment Qualification / Experience for Initial Appointment Age Limit Min. Max. 01 02 03 04 05 Director General (BPS-20) 1) By initial appointment
2) By promotion from amongst the Directors (Technical) or Directors (Laboratory) (BPS-19) Environmental Protection Agency Sindh, on seniority cum fitness basis having at least five years experience as such.
a) Ph.D. in Environmental Engineering or Environmental Science from a recognized University with at least ten years experience in research or Teaching and Management of Projects pertaining to environmental issues specially environmental protection and resource management
OR
b) Post Graduation Degree in Environmental Engineering or Environmental Science from a recognized University at least in Second Division with at least fifteen years experience with environmental issues specially environmental protection and resource management
40 50
Notification dated 3-1-2020:
Sr. No. Name of Post with BPS Method of Appointment Qualification and Experience Age Limit (Min-Max) 01 02 03 04 05 01. Additional Director General (BPS-20) By promotion from amongst the Directors (Technical) & Director (Lab) BPS -19, having service minimum of seventeen (17) years in BPS-17 and above or at least twelve (12) years of service in BPS -18 (If directly appointed in BPS-18) with mandatory training of Senior Management Course (SMC) from National Institute of Management (NIM), on seniority cum fitness basis
----- -----
12. We first advert to the issue arising from the Order of the Hon’ble Supreme Court dated 13.3.2017, passed in CP No.38/2016 ( Shahab Usto v. Government of Sindh) and finally disposed of on 16.3.2017, wherein it was held that the post of DG SEPA is a cadre post, and a direction was issued for
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the appointment of a cadre officer thereto. The relevant portion of the said Order is reproduced below for precision:
13-3-2017
5. The Director General ("DG") SEPA, who is present in Court, states that for the last several years SEPA's state - of-the-art laboratory is not functional for lack of running costs. In response to our query, he also informed us that SEPA has 205 emplo yees: It is reasonable to say that in the absence of a functioning laboratory it is not possible for SEPA to administer and implement its functions as stipulated in the Sindh Environmental Protection Act, 2014 ("the Act") and particularly its duties mandat ed by section 6. Under such circumstances we are constrained to observe that DG, SEPA, who has been in this post for several years and with SEPA since 1995, has demonstrably failed to fulfill the statutory mandate of the Act. The post of DG of SEPA is a ca dre post in basic pay scale (BPS) 20, however, the person holding the post is not such an officer. The Government of Sindh is directed to appoint a cadre officer of the said pay scale on the post immediately and report compliance within 7 days. We further direct that SEPA's laboratory be made functional without any further loss of time. Compliance report be submitted within one month.
13. An examination of the record brings to light the following position:
i) At the time when the aforesaid Order of 13.3.2017 was passed by the Supreme Court, the post of DG SEPA was duly reflected in the then Cadre List issued by Services, General Administration and Coordination Department (“SGA&CD”), but the said post was then being held by Mirza Naeem Ahmed Mughal, a non-cadre officer (who was Director Technical (BS-19) and was promoted to the post of DG (BS-20) vide Notification dated 9.12.2014).
ii) The Supreme Court was palpably dissatisfied with the performance of Mirza Naeem Ahmed Mughal as noted in Supreme Court’s subsequent Order dated 16.3.2017 (reported in 2017 SCMR 732) while disposing of the said CP:
16-3-2017
34. After going through the portion of the aforesaid report of the Commission, we have reached the conclusion that D.G, SEPA Mr. Naeem Ahmed Mughal has never put in hard work nor made any serious effort to make functional a well equipped laboratory in Karachi. He failed to offer any plausible explanation to this Court. We on inquiry were informed that he was not even eligible to hold office of D.G, SEPA as he was not a cadre officer. We, therefore, had directed to replace Mr. Naeem Ahmed Mughal with a cadre
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officer of good admini strative skill to make functional not only laboratories of SEPA but other responsibilities in terms of the Sindh Environmental Protection Act, 2014 and the Rules framed thereunder to save this Province from environmental hazards to save the public of the P rovince from pollution and prepare environmental policies.
iii) On 19.5.2017, a communication was issued on behalf of the Secretary, Environment, Climate Change and Coastal Development, pointing out that the post of DG SEPA, is technical in nature, and that the posting of a person possessing sound professional expertise would be more beneficial for the institution.
iv) Thereafter, on 6.7.2017, the recommendation was approved by the Chief Minister, Sindh, whereby the post of DG was excluded from the cadre schedule, and it was decided that the post would be filled in accordance with the Original Rules 2009.
v) Consequently, on 10.7.2017, the post of DG SEPA was formally excluded from the cadre schedule of the SGA&CD and was allowed to be filled under the Original Rules 2009.
vi) Starting from 10.7.2017 (when the post of DG SEPA was formally excluded from the cadre schedule), a series of Notifications5 were issued from time to time dated 3.10.2018, 10.11.2022, 23.2.2023 and 18.4.2024. Each of these Notifications, containing the updated cadre strength/list of posts, consistently reflect that the post of DG SEPA is not included therein.
vii) Despite the above, Mirza Naeem Ahmed Mughal – a non-cadre officer, as observed in the Supreme Court’s aforementioned Orders – continued to comfortably hold the office of DG SEPA until his retirement upon attaining the age of superannuation with effect from 27.3.2025.
viii) This position (that is, the exclusion of the post of DG SEPA from the cadre schedule) remained unchanged even thereafter, when the Incumbent WHP, was appointed as Acting DG SEPA (by Notification dated 2.5.2025) following the retirement of Mirza Naeem Ahmed Mughal.
ix) Subsequently, on 21.7.2025, the Government of Sindh issued the Impugned Notification, whereby the post of DG SEPA was once again
5 Available on record of CP No.D-1533/2025
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inserted into the cadre list as a cadre post, purportedly in reliance upon the Supreme Court’s earlier Orders dated 13.3.2017 and 16.3.2017.
14. This fluctuating and inconsistent sequence of actions unmistakably demonstrates that the Government of Sindh has invoked and implemented the Supreme Court’s Orders selectively – using them as a matter of convenience rather than compliance. When it suited the Government’s purpose, the Orders were rendered innocuous by removing the post of DG SEPA from the cadre list, thereby ensuring that its favoured officer (Mirza Naeem Ahmed Mughal) could continue unhindered as DG SEPA despite the Supreme Court’s clear directives. Now, with equal expedience, the same Orders are being resurrected and relied upon to reinsert the post into the cadre list – seemingly to once again facilitate the appointment of an individual of the Government’s choosing, rather than one based on merit, competence, or due process.
15. Such conduct amounts to a blatant manipulation of judicial directives and administrative authority, betraying a lack of good faith and demonstrating a clear disregard for the sanctity of the Supreme Court’s Orders.
16. Ironically, the selective reverence shown towards the Supreme Court’s aforesaid Order dated 16.3.2017 – invoked only when convenient – is evident from yet another instance. This very Court, on 17.10.2025, while dismissing CP No.D -2482/2024 ( Janib v. Provinc e of Sindh & Others ) dealt with a strikingly similar matter wherein the petitioner had challenged the appointment of a non -cadre officer as Secretary, Irrigation Department, seeking implementation of the very same Supreme Court Order of 16.3.2017 (specifically, its paragraph 7)6, which categorically directed that the said post, being a cadre position, must be filled from amongst cadre officers. Yet, in that case, the Government of Sindh (in its Comments dated 5.5.2025 filed through Ghulam Ali Brahm ani, Secretary (Services), SGA&CD) found it perfectly reasonable to ignore the Supreme Court’s clear directive and instead justified the appointment of a non -cadre Secretary by invoking the post’s so -called “purely technical” nature – fortified by a nostalgic reference to past precedents of earlier departures from the prescribed legal framework. It is, therefore, disingenuous of the Government to now affect an air of pious obedience in the instant Petitions to the very same Supreme Court Order when it comes to the appointment of DG, SEPA.
6 Paragraph 7 of Order dated 16.3.2017 : “It was during the hearing of this Petition that we had noticed that the position of Secretary Irrigation, which is a cadre post in terms of the Schedule notified by the S&GAD, was occupied by a non -cadre officer. We, therefore, directed the Sindh Government to immediately appoint a cadre officer as Secretary Irrigation Department. Likewise, the officer who was heading the Karachi Water & Sewerage Board as MD, was also not qualified to hold the office as he was not a cadre office r and we directed his immediate replacement. Similarly, office of the DG, Sindh Environmental Protection Agency (SEPA) was a cadre post and we directed to immediately post a cadre officer as DG, SEPA.”
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17. We next come to the crucial point of qualification and experience for appointment of DG SEPA – both by way of initial appointment and by promotion – as laid down in the Original Rules 2009 (extracted in paragraph 11 above). Its scrutiny brings to light the following:
i) By way of initial appointment: A Ph.D. or Master’s in environmental disciplines ensures that the appointee possesses deep technical and scientific understanding of complex environmental systems, pollution control, and sustainable resource management. This coupled with the requirement of a spec ified length of experience ensures that the appointee has substantial hands-on knowledge in research, teaching, or managing environmental projects.
ii) By way of promotion : The post of DG SEPA can be filled by promotion from within SEPA, specifically from amo ng the Directors (Technical) or Directors (Laboratory) who are serving in BPS-19. This provision secures that experienced technical officers within SEPA have a clear pathway to rise to the top position. It recognizes and rewards long -term service, institut ional knowledge, and technical contribution. Limiting promotion to Directors (Technical) and Directors (Laboratory) ensures that the DG SEPA has a strong technical background and deep understanding of environmental issues, laboratory procedures, and regula tory mechanisms. This maintains technical leadership at the highest administrative level. The experience threshold ensures that the promoted officer has sufficient managerial, supervisory, and field experience before assuming overall charge of the Agency. The seniority-cum-fitness principle (i.e. length of service-cum-merit and capability) provides a balance and prevents purely seniority -based promotion while ensuring that capable and competent officers are not overlooked. Restricting promotion eligibility to internal technical officers helps main tain institutional integrity and professionalism within SEPA, avoiding arbitrary or politically motivated appointments from outside the cadre.
18. In essence, these qualifications of the appointee are designed to ensure that the DG SEPA is not merely an administrative head, but a technically skilled environmental expert capable of making informed, independent, and scientifically sound decisions for the protection and sustainable management of Sindh’s environment. Environmental governance involves multidisciplinary challenges – legal, technical, social, and developmental. Technical expertise includes but is not limited to education – it covers both academic qualifications and practical experience in a specialized technical field. If a person only has the educational degree but no relevant practical experience, they may have
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academic knowledge but lack technical expertise in practice. Conversely, someone with administrative experience but no formal education in environmental science or engineering would lack the scientific and technical foundation essential for informed environmental decision-making.
19. Coming now to the Impugned Notification, it prescribes the method of appointment to the post of DG SEPA as being “by transfer from amongst the cadre officers of PAS / Ex-PCS / PSS / PMS”. While it does not stipulate any qualification and/or experience required for the post, it is evident that the earlier prescribed criteria under the Original Rules 2009 – requiring advanced academic qualifications in Environmental Engineering or Environmental Science and substantial experience in environmental research, teaching, or project management – have been completely omitted. This omission has the further effect of diluting the technical and professional requirements that were originally deemed essential for the post. Far from raising the bar – or even maintaining the originally prescribed standards of 2009 – the Government has, in fact, lowered them, thereby undermining the very purpose for which such qualifications were instituted: to ensure that the position of DG SEPA is held by a person of requisite technical expertise and professional competence.
20. By allowing appoin tment solely from among administrative service cadres, without insisting upon any technical background or expertise in environmental disciplines, the Impugned Notification effectively transforms a specialized technical post into a purely administrative one . Such an approach not only defeats the legislative intent behind establishing SEPA as a technically driven regulatory body but also undermines the autonomy and professional integrity of the institution tasked with implementing complex environmental laws a nd policies.
21. Consequently, the Impugned Notification is defective for the reason that it omits and thereby dilutes the essential academic and technical qualifications earlier prescribed for appointment to the post of DG SEPA, under the Original Rules 2009. By failing t o incorporate any corresponding standards of professional competence, the Impugned Notification creates an inconsistency with the statutory scheme and the legislative intent underlying the establishment of SEPA as a technically driven regulatory authority.
22. Additionally, keeping the high academic qualifications intact for initial appointments, while omitting any such…
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