| Case ID |
1766745b-9709-40c3-9ed8-aacdd4c87f69 |
| Body |
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| Case Number |
Appeal No. 66 of 1990 |
| Decision Date |
Jan 30, 1992 |
| Hearing Date |
|
| Decision |
For the above reasons, there is no merit in this appeal which is therefore dismissed with no order as to costs. |
| Summary |
In the case of Muhammad Murtaza Khan versus the Government of Sindh and ten other respondents, the Sindh High Court addressed a significant dispute concerning the promotion process within the educational sector following the nationalization of privately managed schools in 1972 under MLR 118. Muhammad Murtaza Khan, a high school teacher with notable seniority, filed an appeal (Appeal No. 66 of 1990) challenging the promotion of certain private respondents to the position of Head Master. The appellant contended that his seniority and qualifications were disregarded in favor of less senior counterparts who were inducted into Government Service post-nationalization.
The core of the dispute revolved around the maintenance and enforcement of seniority lists. The appellant referenced the tentative consolidated seniority list dated June 22, 1980, where he was positioned significantly higher than the private respondents. However, the respondents argued that separate seniority lists for nationalized and government cadre teachers were legally permissible under the Sind Service Tribunals Act, 1973, specifically citing sections 4(b) and 13. These sections outline the tribunal's jurisdiction and empower the government to establish rules for the implementation of the MLR.
During the proceedings, it was revealed that the Education Department had maintained distinct seniority lists for government and nationalized school teachers, a policy decision solidified in a 1981 departmental meeting. The appellant's seniority in the consolidated list was deemed non-binding as there was no indication that this list was ever finalized or enforced. Consequently, the court found that the promotions were conducted in accordance with the established regulations and policies, which allowed for the maintenance of separate seniority lists.
Justice (Rtd.) Munawar Ali Khan, along with Judges Ghulam Mujadid Isran and A. Rashid Khan Sherwani, presided over the case. After a thorough examination of the arguments and relevant legal provisions, the court concluded that the appellant's appeal lacked merit. The decision emphasized the judiciary's role in upholding administrative policies, provided they align with existing laws. The court dismissed the appeal without awarding costs to either party, reinforcing the legality of the promotion process as per the departmental guidelines.
This case underscores the complexities involved in public sector employment disputes, especially in the context of systemic changes like the nationalization of educational institutions. It highlights the importance of adhering to statutory guidelines in administrative promotions and the judiciary's responsibility in ensuring that such processes are conducted fairly and lawfully. Key issues addressed include the formation and enforcement of seniority lists, the legal framework governing public service promotions, and the rights of employees under nationalization statutes. The decision serves as a precedent for similar cases, emphasizing that departmentally established policies, when within legal bounds, must be respected and followed meticulously. |
| Court |
Sindh High Court
|
| Entities Involved |
Sindh High Court,
Government of Sindh,
Education Department,
Directorate of School Education, Karachi,
Federation of Nationalized Schools Teachers Sind, Karachi
|
| Judges |
Justice (Rtd.) Munawar Ali Khan,
Ghulam Mujadid Isran,
A. Rashid Khan Sherwani
|
| Lawyers |
Not available
|
| Petitioners |
Muhammad Murtaza Khan
|
| Respondents |
Govt. Of Sindhh And 10 Other
|
| Citations |
1992 SLD 1946,
1992 KLR 72
|
| Other Citations |
Not available
|
| Laws Involved |
MLR 118,
Sind Service Tribunals Act, 1973
|
| Sections |
7(2),
13,
4(b)
|