| Case ID |
37ef891f-d2f9-498a-8634-48756f6b5b84 |
| Body |
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| Case Number |
Appeals Nos. 29 and 30 of 1988 |
| Decision Date |
Mar 30, 1989 |
| Hearing Date |
|
| Decision |
The tribunal ruled in favor of the appellants, Ghulam Rasool and Faiz Muhammad, restoring their seniority that had been unjustly downgraded by the authorities. The decision emphasized that the appellants had enjoyed their seniority for decades and could not be deprived of it without due process and an opportunity to present their case. The tribunal found the actions of the relevant authorities to be arbitrary and capricious, indicating a lack of proper justification for altering the seniority positions of the appellants. The appeals were accepted with no costs awarded. |
| Summary |
In the case of Ghulam Rasool and Faiz Muhammad vs. Director of Education, the Sindh Service Tribunal addressed appeals concerning the seniority positions of two primary teachers in Larkana District. The appellants had served for decades and their seniority was altered without proper notice or opportunity to contest the change. The case highlighted issues of administrative fairness, due process, and the rights of civil servants under the Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975. The tribunal ruled that the authorities acted arbitrarily, and the appellants were entitled to maintain their seniority as previously established. This ruling underscores the importance of adhering to established procedures in administrative decisions affecting civil service personnel. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
MUNAWAR ALI KHAN (CHAIRMAN),
MUBEEN AHMAD KHAN (MEMBER)
|
| Lawyers |
Abdul Hussain Baloch,
Sharf-ud-Din Ada
|
| Petitioners |
GHULAM RASOOL,
FAIZ MUHAMMAD
|
| Respondents |
DIRECTOR OF EDUCATION
|
| Citations |
1990 SLD 1528,
1990 PLC 712
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Service Tribunals Act (XV of 1973),
Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975
|
| Sections |
12
|