| Case ID |
1b3e8279-a088-4418-963d-2f54f9770e6e |
| Body |
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| 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
|