| Case ID |
04000704-85c9-4077-b547-f69f58dcb7d5 |
| Body |
View case body. Login to View |
| Case Number |
D-664 of 2012 |
| Decision Date |
Feb 28, 2013 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the constitutional petition filed by the petitioners, who were Inland Revenue Officers, seeking to declare the provisional seniority list and notifications granting ante-dated promotions to certain respondents as illegal. The court reasoned that the provisional seniority lists were issued in accordance with the Civil Servants (Seniority) Rules, 1993, and that the petitioners had not exhausted the available remedies before approaching the court. The court also highlighted that the High Court could not interfere with the seniority lists and promotions which were final orders from competent authorities. The petitioners' claims were found to be without merit as they had failed to demonstrate any violation of their rights under the relevant laws. |
| Summary |
In the case of D-664 of 2012, the Sindh High Court addressed a constitutional petition regarding the fixation of seniority among Inland Revenue Officers. The petitioners contested the legality of notifications granting ante-dated promotions to certain junior officers, arguing that this adversely affected their seniority. The court examined the provisions of the Service Tribunals Act, 1973, and the Constitution of Pakistan, determining that the provisional seniority lists were valid and issued in compliance with existing laws. The court emphasized the importance of exhausting available legal remedies before seeking judicial intervention. Ultimately, the petition was dismissed, reinforcing the principle that seniority disputes among civil servants fall within the jurisdiction of the Service Tribunal. This case highlights critical aspects of public service law, seniority rights, and the administrative processes governing promotions, making it significant for civil servants and legal practitioners alike. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
FAISAL ARAB,
RIAZAT ALI SAHAR
|
| Lawyers |
Abid S. Zuberi for Petitioners,
Asif Hussain Mangi, Standing Counsel,
Malik Naeem Iqbal,
Syed Shafqat Ali Shah Masoomi for Respondents
|
| Petitioners |
others,
ANEES AHMED
|
| Respondents |
FEDERATION OF PAKISTAN,
others
|
| Citations |
2015 SLD 280,
2015 PLC 129
|
| Other Citations |
S.H.M. Rizvi v. Maqsood Ahmed PLD 1981 SC 612,
Ajmal Hassan Khan v. Government of Sindh 2012 SCMR 860,
Nasimul Haque Malik v. Chief Secretary to Government of Sindh 1996 PLC (C.S.) 921,
I.A. Sharwani v. Government of Pakistan 1991 SCMR 1041,
Mukhtar Ahmed Junejo v. Province of Sindh PLD 1986 SC 560
|
| Laws Involved |
Service Tribunals Act, 1973,
Constitution of Pakistan, 1973
|
| Sections |
4,
199
|