| Case ID |
1002f1e7-5887-49cf-b060-0d4f7680dac9 |
| Body |
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| Case Number |
Civil Appeals Nos.204 to 209 of 1992 |
| Decision Date |
Oct 13, 1998 |
| Hearing Date |
Apr 13, 1998 |
| Decision |
The Supreme Court allowed the appeals, setting aside the judgment of the Sindh Service Tribunal which had determined that the appellants, who were appointed on an ad hoc basis, were not entitled to claim seniority over the respondents. The Court emphasized that promotions should be treated as regular if they had been continuously officiated without interruption. The decision underscored the importance of treating civil servants' positions fairly and justly, especially regarding their seniority and promotions, ensuring that no unjust distinctions were made between those appointed on an ad hoc basis and those appointed regularly. |
| Summary |
This case revolves around the issue of seniority among civil servants in the Sindh Irrigation Department, particularly focusing on the rights of those promoted on an ad hoc basis versus those recruited regularly. The Supreme Court of Pakistan, in its decision dated October 13, 1998, ruled on the appeals filed by Allah Warayo Chana and others against Aijaz Ahmad Khan and others regarding their placement in seniority lists. The Court found that the appellants had been treated as regular appointees despite their initial ad hoc promotions, and thus should not be relegated to a junior position compared to the respondents. The ruling highlighted critical aspects of civil service law, particularly under the Constitution of Pakistan and the Sindh Civil Servants Act, emphasizing fairness in the promotion and seniority of civil servants. The decision is significant for understanding the legal framework governing civil servant promotions and the implications of ad hoc appointments in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN, C.J.,
SAIDUZZAMAN SIDDIQUI,
MAMOON KAZI, JJ
|
| Lawyers |
S. Sharif-ud-Din Pirzada, Senior Advocate Supreme Court,
Saeed A. Shaikh, Senior Advocate Supreme Court,
M.S. Ghaury, Advocate-on-Record,
Fakhr-ud-Din G. Ebrahim, Senior Advocate Supreme Court,
Ghulam Hussain Abbasi, Senior Advocate Supreme Court,
A. Aziz Khan, Advocate-on-Record,
Abdul Qadir Khan, Advocate,
Muneeb Ahmed Khan, Additional Advocate-General
|
| Petitioners |
29 others,
ALLAH WARAYO CHANA
|
| Respondents |
6 others,
AIJAZ AHMAD KHAN
|
| Citations |
1999 SLD 335,
1999 SCMR 880
|
| Other Citations |
S. Ali Shah Naqvi v. Government of Sindh PLD 1979 SC 856,
Ghulam Rasul v. Crown PLD 1951 FC 62,
Ghulam Mohi-ud-Din v. Chief Settlement Commissioner PLD 1964 SC 829,
Mst. Kubra Bibi v. Abdul Haq 1983 SCMR 737,
Ghulam Fatima v. Muhammad Hussain PLD 1976 SC 729,
Muhammad Afzal v. Government of Punjab 1982 SCMR 408,
Federation of Pakistan v. Rais Khan 1989 SCMR 935,
Muhammad Nawaz Khan v. Muhammad Ijaz Rashid PLD 1993 SC 10,
Asif Ali Khan v. Secretary to the Government of Punjab 1992 SCMR 1398,
Inayat Ali and another v. Manzoor Ullah 1987 SCMR 407,
Manzoorullah v. Sabir Zameer Siddiqul 1991 SCMR 365,
Wajahat Hussain v. Province of the Punjab PLD 1991 SC 82,
Muhammad Ibrahim Mushey and others v. Province of West Pakistan PLD 1968 SC 1
|
| Laws Involved |
Constitution of Pakistan (1973),
Sindh Service Tribunals Act (XV of 1973),
Sindh Civil Servants Act (XIV of 1973)
|
| Sections |
Art. 212(3),
S. 4,
Ss. 8 & 24
|