| Case ID |
3936887d-fe2d-4e03-8564-cc681ab86826 |
| Body |
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| Case Number |
C.P. Nos.D-1085, D-513, D-1760, D-2731, D-3883, D- |
| Decision Date |
Oct 30, 2014 |
| Hearing Date |
May 30, 2014 |
| Decision |
The Sindh High Court ruled on the petitions concerning the implementation of seniority rules within the Police Service of Pakistan. It emphasized the importance of timely recommendations from the provincial government in appointing officers to ensure fairness and to prevent disruption in the established seniority system. The court found that the petitioners were not entitled to antedated seniority due to delays in recommendations, and thus their seniority would be calculated from their notification date of encadrement rather than the dates of vacancy. The court directed the provincial government to expedite future appointments in accordance with existing rules, reinforcing the need for immediate action upon vacancy occurrences to uphold the integrity of the police service's seniority structure. |
| Summary |
The case revolved around the constitutional petitions filed by police officers in Pakistan seeking to establish their seniority under the Police Service of Pakistan (Composition Cadre and Seniority) Rules, 1985. The petitioners argued for seniority dating back to the year 1999 when vacancies arose in their respective cadre. The court examined the implications of Article 199 and 212 of the Constitution, which govern jurisdictional matters and the bar of jurisdiction concerning service disputes. The decision highlighted the necessity for the provincial government to act promptly in filling positions to avoid discrepancies in seniority and to protect civil servants' rights. This case underscores the challenges faced by civil servants in navigating bureaucratic processes and the importance of legal frameworks in ensuring fair treatment and adherence to procedural norms within public service appointments. |
| Court |
Sindh High Court
|
| Entities Involved |
Sindh High Court,
Establishment Division,
Federation of Pakistan
|
| Judges |
MUHAMMAD ALI MAZHAR,
SHAHNAWAZ TARIQ
|
| Lawyers |
Khalid Javed Khan,
Kazi Abdul Hameed Siddiqui,
Ghulam Akbar Khan Jatoi,
Ms. Shazia Hanjrah,
Shahab Usto,
Asif Hussain Mangi,
Shamsuddin,
Abdul Jaleel A. Zubedi,
Asad Malhi,
Akhtar Farooq
|
| Petitioners |
Syed MUHAMMAD ABBAS RIZVI and others
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad and others
|
| Citations |
2014 SLD 2686,
2014 PLC 1363
|
| Other Citations |
PLD 1981 SC 612,
Mian Muhammad Aslam v. The Auditor General of Pakistan 1995 PLC (C.S.) 1178,
Riffat Hassan and others v. Federation of Pakistan 2011 PLC (C.S) 562,
Farman Ali v. Muhammad Ismail 1990 SCMR 1216,
D.G. Intelligence Bureau v. Amir Mujahid Khan and others 2010 PLC (C.S) 946,
Naveed Ahmed v. Federation of Pakistan 2012 SCMR 1133,
Khalilur Rehman v. Government of Pakistan PLD 1981 Kar. 750,
Punjab Small Industries Corporation v. Ahmad Akhtar Cheema 2002 PLC (C.S.) 182,
Government of Sindh v. Nizakat Ali and others 2011 SCMR 592,
Khalid Mahmood Wattoo v. Government of Punjab and others 1998 SCMR 2280
|
| Laws Involved |
Constitution of Pakistan,
Police Service of Pakistan (Composition Cadre and Seniority) Rules, 1985
|
| Sections |
199,
212,
11(2)(c)
|