ISLAMABAD - The Sindh Civil Servants (Amendment) Ordinance 2012 has been challenged in the Supreme Court on Thursday.

The petitioner Mahmood Akhtar Naqvi has moved a petition under Article 184(3) of the constitution in the apex court against the Sindh Civil Servants (Amendment) Ordinance 2012. He has made chief secretaries and IGPs of all four provinces, secretary law and justice, Sindh and secretary Establishment Division as respondents in the case.

The petition stated that promulgation of ordinance was the violation of the court’s order on out of turn promotion, so that the court should proceed against the responsible persons.

In Civil Petition 492 to 492 of 2009 the Supreme Court on May 13, 2009 in its judgment said: “Out of turn promotion is not only against the constitution but against the injunction of Islam. The Out of Turn promotion in public departments generates frustration and thereby diminishes the spirit of public service.”

He complained that the ordinance was promulgated at a time when the Supreme Court was hearing pleas against out-of-turn promotions which the government made in defiance of its order against such appointments as well as against deputation postings in the police department.

The petitioner argued that no law could be made that was contrary to the fundamental rights guaranteed under the Constitution. He said the Constitution guaranteed protection against discrimination, but due to the impugned ordinance thousands of government servants would be deprived of their due promotions and seniority.