| Case ID |
3031d5e6-28f9-4e14-b6f6-85fdf082d43c |
| Body |
View case body. Login to View |
| Case Number |
Appeal No. 116 of 1989 |
| Decision Date |
Nov 29, 1990 |
| Hearing Date |
Nov 22, 1990 |
| Decision |
The appeal was dismissed as the appellant, Ayaz Ali Memon, failed to establish his seniority over the respondent in Grade-19. The Tribunal determined that the appellant was not eligible for promotion due to insufficient service in Grade-18 and did not follow the proper departmental remedies before approaching the Tribunal. The legal basis for the dismissal hinged on the provisions of the Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, which stipulate that seniority is determined from the date of regular appointment. The appellant's claims were deemed not maintainable, and the Tribunal concluded that the appellant was indeed considered for promotion but did not meet the eligibility criteria, leading to the decision to dismiss the appeal. |
| Summary |
In the case of Ayaz Ali Memon vs Chief Secretary, Government of Sindh, the Service Tribunal deliberated on the seniority dispute between Ayaz Ali Memon and Khair Muhammad Soomro in Grade-19. The Tribunal found that Memon was appointed to Grade-18 after fulfilling the requirements for direct recruitment, whereas Soomro was promoted to Grade-19 earlier due to meeting the necessary service duration. The Tribunal highlighted that Memon's appeal was hindered by his failure to exhaust departmental remedies and the appeal was ultimately dismissed due to these procedural lapses. The case illustrates the importance of adhering to specified eligibility criteria for promotions within civil service frameworks. This case also underscores the nuances involved in civil servant promotions under the Sindh Civil Servants regulations, which dictate seniority based on the date of regular appointments. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
MUNAWAR ALI KHAN (CHAIRMAN),
GHULAM MUJADDID ISRAN (MEMBER)
|
| Lawyers |
M.L. Shahani,
M.M. Aqil
|
| Petitioners |
AYAZ ALI MEMON
|
| Respondents |
CHIEF SECRETARY, GOVERNMENT OF SINDH,
GHULAM MUJADDID ISRAN
|
| Citations |
1991 SLD 1998,
1991 PLC 1023
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975,
Sindh Civil Servants Act, 1973,
Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974
|
| Sections |
Rule 10,
Section 2(2),
Rule 7(3)
|