| Case ID |
0309e275-7ed3-4cb1-a7f5-b0adb7c6302d |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeals Nos. 5-K of 2014 and 311 to 314 of 2 |
| Decision Date |
Jun 18, 2014 |
| Hearing Date |
Apr 07, 2014 |
| Decision |
The Supreme Court of Pakistan concluded that the merger of government departments does not automatically result in the merger of cadres. In this case, the appeal filed by Muhammad Bachal Memon and others was dismissed, while the appeals filed by Syed Tanveer Hussain Shah and others were allowed. The Court reaffirmed the judgment of the Sindh Service Tribunal, which stated that the preparation of a combined seniority list for engineers from the two departments was not in accordance with the law, as changes in seniority could only be made by an Act of the Provincial Assembly or under the Sindh Civil Servants Act. The judgment of the Sindh High Court was set aside, affirming the importance of maintaining separate seniority lists in accordance with the existing laws. |
| Summary |
This case revolves around the seniority dispute between engineers employed in the Sindh Government's Works and Services Department and the Education Department. The Supreme Court of Pakistan addressed the legality of a combined seniority list that had been prepared following the reconfiguration of government departments. The Court held that administrative changes do not equate to changes in the conditions of service of civil servants, which can only be altered through legislative action. The ruling emphasized the necessity of adhering to the provisions set forth in the Sindh Civil Servants Act, 1973, and the Constitution of Pakistan, ensuring that the rights of civil servants regarding seniority remain protected. This case highlights the complexities of civil service laws and the importance of clear legal frameworks in managing personnel matters within government departments. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAWWAD S. KHAWAJA,
IQBAL HAMEEDUR RAHMAN,
MUSHIR ALAM
|
| Lawyers |
M. Aqil Awan, Senior Advocate Supreme Court,
Muhammad Akram Sheikh, Senior Advocate Supreme Court,
Mehmood A. Sheikh, Advocate-on-Record,
Faraz Raza Advocate,
Moazzam Habib, Advocate,
Ms. Amina Sheikh, Advocate,
Shoaib Shaheen, Advocate Supreme Court,
Abdul Rahim Bhatti, Advocate Supreme Court,
Hafiz S.A. Rehman, Senior Advocate Supreme Court,
M.S. Khattak, Advocate-on-Record,
Wasim Sajjad, Senior Advocate Supreme Court,
Idris Ashraf, Advocate,
Sibtain Mehmood, A.A.G. for Province of Sindh
|
| Petitioners |
others,
MUHAMMAD BACHAL MEMON
|
| Respondents |
others,
SYED TANVEER HUSSAIN SHAH
|
| Citations |
2015 SLD 365,
2015 PLC 767
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Civil Servants Act, (XIV of 1973),
Constitution of Pakistan, 1973,
Fundamental Rules,
Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975
|
| Sections |
8,
9,
26,
139(3),
240,
9(4),
9
|