Const. P. 1691/2024 (D.B.) Sindh High Court, Karachi

Sindh High Court · 2019 · Before Muhammad Faisal Kamal Alam

1. Sana Akram Minhas, J: The Petitioner, a doctor, appointed in Respondent No.2 viz. the Karachi Port Trust (“KPT”) on 24.11.2000, has primarily challenged four actions of KPT communicated through letters dated 23.1.2023 (“Impugned Letter No.1”) and 13.6.2023 (“Impugned Letter No.2”) respectively. These actions are: Impugned Letter No.1 (i) The re-designation of the post of Deputy Chief Medical Officer, Clinical (BPS-19) (“Dy.CMO-Clinical”) as Senior Medical Officer, Clinical (BPS-19) (“SMO-Clinical”); (ii) The Petitioner’s transfer to this newly re-designated post of SMO- Clinical – despite her earlier promotion (with effect from 14.1.2022) to the post of Dy.CMO-1 (Administration)1 (BPS-19) in Medical Department and thereafter successful completion of her one-year probationary period (on 13.1.2023); (iii) Rather than confirming the Petitioner on the post of Dy.CMO-1 (Admin) (BPS-19), the replacement of the Petitioner by a junior 1 According to the Petitioner, the post and job description of DCMO-1 pertain to the “Administration” side (see Court File Pg.19), whereas the post of DCMO-II pertains to the “Clinical” side (see Court File Pg.21) 2 officer, namely, private Respondent No.4 (Dr. Ghazala Jawed (BPS- 18)), who has been posted as Acting Dy.CMO (Admin). Impugned Letter No.2 (iv) Confirmation of the Petitioner to this newly re-designated post of SMO-Clinical retrospectively with effect from 14.1.2023, and that too when this post itself has been created for the first time on 23.1.2023 vide Impugned Letter No.1. Respective Submissions

2. Learned Counsel for the Petitioner has argued that the Petitioner’s transfer from Dy.CMO (Admin) to SMO-Clinical and posting of a junior officer (Respondent No.4) in the Petitioner’s place vide Impugned Letter No.1 is illegal and solely intended to favour Respondent No.4; the Petitioner’s removal from the post of Dy.CMO (Admin) and the arbitrary re-designation of Dy.CMO-Clinical as SMO-Clinical, without any plausible justification and in absence of any revision in service structure, are malafide and without lawful authority, as the Chairman KPT acted under powers allegedly delegated through Board Resolution No.3342 dated 8.5.2003 (“BR 334”), whereas Section 17(3) of the Karachi Port Trust Act, 1886 (“Act 1886”) allows delegation only to committees of trustees, not to individuals, rendering the action void ab initio; that even assuming valid delegation, the Chairman could not remove a BPS-19 officer (Petitioner) duly promoted by the Board, under the guise of transfer or confirm her against a post to which she was never appointed or completed probation; that the confirmation as SMO- Clinical also contravenes Regulations 6(b) and (e) of the Karachi Port Trust Officers Recruitment, Appointment, Seniority & Promotion Regulations, 2011 (“Regulations 2011”), which require confirmation only against the post of promotion. The Petitioner was never promoted as SMO-Clinical, and her original post to which she was promoted remained available but was unlawfully occupied by Respondent No.4.

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