| Case ID |
269af078-76d4-4a43-8d2f-0717732db2c3 |
| Body |
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| Case Number |
Appeal No. 5 of 1984 |
| Decision Date |
Apr 29, 1985 |
| Hearing Date |
Apr 23, 1985 |
| Decision |
The appeal of Ghulam Sarwar Qureshi was allowed by the Tribunal. The Tribunal concluded that the appointment of the appellant as Ward Rationing Officer was not an ad hoc appointment and should be recognized as substantive. The Tribunal directed that the seniority list be revised, placing the appellant according to his initial recruitment date rather than the date of regularization under Martial Law Order No. 55. The decision emphasized that all appointments in the Food Department were temporary, and the nature of appointment should not adversely affect inter se seniority. |
| Summary |
In the case of Ghulam Sarwar Qureshi vs. Secretary to Government of Sind, the Service Tribunal addressed issues surrounding the seniority and status of appointments within the Sindh Food Department. The appellant, originally appointed as a Foodgrain Inspector, challenged the classification of his appointment as ad hoc following the promulgation of Martial Law Order No. 55. The Tribunal ruled that the appellant's appointment should be recognized as substantive due to its duration and the nature of the vacancy it filled. The case highlighted the legal complexities surrounding temporary and non-temporary appointments within civil service. The Tribunal's ruling reinforces the principle that appointments made prior to the enforcement of new laws are not subject to retrospective application. This case is significant for civil servants as it clarifies seniority rights and the implications of ad hoc versus substantive appointments under the Sind Civil Servants Act and related rules. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
Mushtaq Ali Kazi (Chairman),
Muhammad Ibrahim Lakhiar,
Tasneem Ahmad Siddiqui
|
| Lawyers |
Manzoor Ali Khan for Appellant,
Naimatullah Qureshi for Respondents Nos. 4, 8, 14, and 18
|
| Petitioners |
Ghulam Sarwar Qureshi
|
| Respondents |
Respondent No. 8,
Respondent No. 4,
Respondent No. 14,
Secretary to Government of Sind, Food Department,
Respondent No. 18
|
| Citations |
1985 SLD 2231,
1985 PLC 902
|
| Other Citations |
Not available
|
| Laws Involved |
Sind Civil Servants Act,
Sind Civil Servants (Probation, Confirmation and Seniority) Rules, 1975,
Martial Law Order No. 55,
Constitution of Pakistan, 1962,
Fundamental Rules
|
| Sections |
2(a),
8(4),
10,
179,
111
|