| Case ID |
2cf2ea0e-d529-44f8-bcd6-31ee32c50590 |
| Body |
View case body. Login to View |
| Case Number |
Appeal No. 10 of 2001 |
| Decision Date |
Apr 28, 2004 |
| Hearing Date |
Jan 20, 2004 |
| Decision |
The appeal was dismissed as it was found not legally competent and maintainable. The appellant's challenge against the seniority list was invalid as he had previously filed a joint departmental appeal which was not permissible under the Sindh Civil Servants (Appeal) Rules, 1980. The inclusion of the respondent No.5 in the seniority list was upheld as proper, and no departmental appeal had been filed against the promotion order before presenting the current appeal, leading to a finality of the promotion decision. The court emphasized that if a law specifies a procedural manner, it must be adhered to strictly. |
| Summary |
In the case of Muhammad Waris vs. Secretary to the Government of Sindh, the appellant contested the final seniority list of Field Assistants in the Agriculture Research Wing, claiming that the inclusion of respondent No.5 was unjust. The appeal was based on the premise that the appellant had previously filed a joint departmental appeal with other colleagues, which was deemed incompetent. The Service Tribunal ruled that individual appeals were necessary when multiple civil servants were affected by an order. The Tribunal found no merit in the appellant's arguments, stating that the procedural requirements were not met, leading to the dismissal of the appeal. This case highlights the importance of adherence to legal procedures in administrative matters, particularly concerning civil service appeals. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE (RETD.) ABDUL GHANI SHAIKH (CHAIRMAN),
YUSUF ALI MIRZA,
NUR AHMAD SHAH
|
| Lawyers |
Ghulam Sarwar Chandio for Appellant,
Ansari Abdul Lateef for Respondent No.5,
Ghazanfar Tabassum, Asstt. A.G. for Respondents
|
| Petitioners |
MUHAMMAD WARIS
|
| Respondents |
others,
SECRETARY TO THE GOVERNMENT OF SINDH, AGRICULTURE, LIVESTOCK AND FISHERIES DEPARTMENT, KARACHI
|
| Citations |
2005 SLD 1064 = 2005 PLC 1395
|
| Other Citations |
Pir Bakhsh v. Chairman Allotment Committee PLD 1987 SC 145
|
| Laws Involved |
Sindh Civil Servants (Appeal) Rules, 1980,
Sindh Service Tribunals Act (XV of 1973)
|
| Sections |
R.3(2),
S. 4
|