Legal Case Summary

Case Details
Case ID 1b3e8279-a088-4418-963d-2f54f9770e6e
Body View case body.
Case Number Appeal No. 92 of 1977
Decision Date Sep 20, 1990
Hearing Date Sep 13, 1990
Decision The Service Tribunal held that the appellant's promotion as Mukhtiarkar to the PCS (Executive Branch) was valid from the date of the original notification dated 6-4-1973. The Tribunal found that the subsequent notifications declaring the promotion as ad hoc were invalid, as the initial appointment was made in accordance with the rules. The Tribunal emphasized that the appellant was entitled to count his seniority from the date of the original notification, affirming his position within the PCS cadre. The appeal was allowed with no order as to costs, thus reinstating the appellant's rightful seniority and status within the service.
Summary The case of ABDUL HAQ AFGHAN against the CHIEF SECRETARY TO GOVERNMENT OF SINDH revolves around the promotion of Mukhtiarkars to the PCS (Executive Branch) and the determination of seniority. The Service Tribunal examined the historical context of the appellant's promotion, which was first notified in 1973. The Tribunal concluded that the appellant's promotion was valid and should be recognized from the original notification date, despite subsequent attempts to classify it as ad hoc. This decision underscores the importance of adhering to established rules and the significance of maintaining consistent records in civil service promotions. The ruling affirms the principles of fairness and transparency in the promotion process within government services.
Court Service Tribunal, Sindh
Entities Involved Not available
Judges MUNAWAR ALI KHAN (CHAIRMAN), TASNEEM AHMAD SIDDIQUI, GHULAMMUJADDID IMRAN
Lawyers Muhammad Saleh Memon, Abdul Ghafoor Mangi
Petitioners ABDUL HAQ AFGHAN
Respondents CHIEF SECRETARY TO GOVERNMENT OF SINDH
Citations 1991 SLD 1606, 1991 PLC 465
Other Citations Not available
Laws Involved West Pakistan Civil Service (Executive Branch) Rules, 1964
Sections R.9.3