| Case ID |
09c1dbe0-2c92-4bb4-8330-5b91ee35442f |
| Body |
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| Case Number |
Civil Appeal No.394 of 1993 |
| Decision Date |
Jun 26, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal filed by Munir Ahmed Shaikh against the judgment of the Sindh Service Tribunal, which had ruled in favor of Khalil Ahmed Soomro regarding seniority. The Court found that the order dated 18-2-1990, which conferred retrospective seniority to Munir Ahmed Shaikh from 17-5-1989, was illegal and unsustainable. The Court emphasized that the seniority should be determined based on the date of regularization and absorption as stipulated in the relevant laws. The decision reinforced the principle that any order granting retrospective seniority must not infringe upon the statutory rights of other civil servants who were regularized earlier. The Court underscored that such orders can only be passed to alleviate hardship without impairing the rights of others. |
| Summary |
This case revolves around the issue of seniority between civil servants in the Government of Sindh. Munir Ahmed Shaikh, who was transferred to the Public Health Engineering Department, claimed seniority from the date of his transfer. However, the Service Tribunal ruled in favor of Khalil Ahmed Soomro, who had been absorbed earlier in the same cadre. The Supreme Court upheld the Tribunal's decision, stating that the retrospective seniority granted to Shaikh was illegal. The Court clarified that rules regarding seniority must be strictly adhered to and that the rights of civil servants cannot be compromised. This decision highlights the importance of understanding civil service regulations and the implications of transfer and absorption within government departments. Key legislative frameworks involved include the Sindh Civil Servants (Regularization of Ad hoc Appointment) Act and the Constitution of Pakistan. This case serves as a significant reference point for future disputes regarding seniority in civil service appointments. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Sindh,
Sindh Service Tribunal
|
| Judges |
SAJJAD ALI SHAH, C.J.,
ZIA MAHMOOD MIRZA,
FAZAL KARIM, JJ
|
| Lawyers |
Fakhr-ud-Din G. Ebrahim, Advocate Supreme Court for Appellant,
R.A. Qureshi, Advocate-on-Record for A.G., Sindh Nos and 2.,
A.H. Lakho, Advocate Supreme Court with Faizanul Haq, Advocate-on-Record No. 3.
|
| Petitioners |
Munir Ahmed Shaikh
|
| Respondents |
GOVERNMENT OF SINDH through Additional Chief Secretary,
Khalil Ahmed Soomro
|
| Citations |
1994 SLD 423,
1994 PLD 899
|
| Other Citations |
Capt. (Retd.) Abdul Qayyum v. Muhammad Iqbal Khokhar and 4 others PLD 1992 SC 184,
Ahsanullah A. Memon v. Government of Sindh and 3 others 1993 SCMR 982
|
| Laws Involved |
Sindh Civil Servants (Regularization of Ad hoc Appointment) Act,
Constitution of Pakistan (1973),
Sindh Civil Servants (Probation, Confirmation and Seniority) Rules,
Sindh Civil Servants (Appointment, Probation and Transfer) Rules,
Sindh Civil Servants Act
|
| Sections |
VII of 1989,
Art. 212(3),
1975,
1974,
XIV of 1973
|