| Case ID |
1648f246-d98d-4f02-bdca-384a0f289fa5 |
| Body |
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| Case Number |
Civil Petitions Nos. 363-K, 364-K and 365-K of 198 |
| Decision Date |
Aug 24, 1986 |
| Hearing Date |
Aug 24, 1986 |
| Decision |
The Supreme Court of Pakistan dismissed the petitions for leave to appeal filed by the Province of Sind against the order of the Sind Service Tribunal. The Tribunal had previously allowed the appeals of Anwar Ali Sheikh, Dhani Bux Soomro, and A.H. Mirza, determining that they were entitled to draw pay in Grade-17 from the date of their promotion. The court found that the petitioners' counsel could not successfully challenge the position taken by the State Counsel, emphasizing that the Sind Civil Servants (Confirmation and Seniority) Rules, 1975 were not applicable to the cases in question. The court also noted that attempts to secure leave to appeal based on other cases were unsuccessful due to a lack of similarity. In conclusion, the court ruled that there was no merit in the petitions, leading to the refusal of leave to appeal. |
| Summary |
This case revolves around the appeals of three civil servants, Anwar Ali Sheikh, Dhani Bux Soomro, and A.H. Mirza, regarding their promotions and the legality of notifications issued by the Government of Sind. The Supreme Court evaluated the application of the Sind Civil Servants (Confirmation and Seniority) Rules, 1975, and concluded that the rules did not apply retrospectively to the promotions in question. The decision underscores the importance of adhering to established legal frameworks and the consequences of procedural missteps in the promotion process. The ruling also highlights the judiciary's role in interpreting civil service regulations and protecting the rights of civil servants, ensuring that legal standards are met in matters of promotion and seniority. The case serves as a critical reference point for similar disputes in civil service law, emphasizing the need for clarity in the application of rules and the significance of competent authority in issuing notifications. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Public Service Commission,
Sind Service Tribunal,
Government of Sind,
Martial Law Administrator/Governor
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
S. A. NUSRAT,
ALI HUSSAIN QAZILBASH
|
| Lawyers |
Abdul Sattar Sheikh,
Muzaffar Hassan
|
| Petitioners |
PROVINCE OF SIND through Chief Secretary
|
| Respondents |
ALI ANWAR SHEIKH and others
|
| Citations |
1986 SLD 1006,
1986 SCMR 1854
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Sind Service Tribunals Act (XV of 1973),
Sind Civil Servants (Confirmation and Seniority) Rules, 1975
|
| Sections |
Art. 212(3),
S. 4
|