| Case ID |
39b61952-405a-46e1-8307-f4c3ecdb0016 |
| Body |
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| Case Number |
Appeal No.80 of 2001 |
| Decision Date |
Jun 26, 2006 |
| Hearing Date |
May 18, 2006 |
| Decision |
The impugned Notification dated 4-11-2000 is hereby set aside and the earlier Notification dated 7-1-2000 is restored. The appeal stands allowed, with no order as to costs. |
| Summary |
In the landmark case of Dr. Mushtaq Ahmed Qureshi versus the Government of Sindh, the Service Tribunal of Sindh adjudicated a significant dispute concerning civil service promotions and seniority. The appellant, Dr. Qureshi, challenged a Notification issued on 4th November 2000, which had unjustly promoted a junior colleague to a senior position over him, thereby violating established seniority protocols. The core of the dispute revolved around the interpretation and application of the Sindh Civil Servants Act (XIV of 1973) and associated rules, specifically sections 8(4) and 24, as well as the Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, Rule 13, and the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, Rule 8-A(2).
Dr. Qureshi had been appointed as Assistant Professor of Orthopaedic Surgery on an ad hoc basis in April 1985 and was regularized in September 1987. His colleague, the respondent, was appointed in a similar capacity in February 1987 and regularized in May 1989. Both were promoted to Associate Professor in March 1993, maintaining their inter se seniority as per the Sindh Civil Servants Act. However, despite Dr. Qureshi's seniority, the respondent was promoted to Professor (B-20) in November 2000, bypassing the mandatory seniority provisions outlined in sub-rule (2) of Rule 8-A of the Appointment, Promotion, and Transfer Rules.
The appellant argued that this promotion was in direct violation of the statutory framework governing civil service promotions, emphasizing that seniority should be preserved unless supersession or deferment due to unfitness for promotion is proven—neither of which was the case. The Tribunal, after meticulous examination of the facts and applicable laws, upheld Dr. Qureshi's position, citing the principles established in prior cases such as Ahsanullah Memon's case (1993 PLC (C.S.) 937) and Khalil Ahmed Soomro v. Government of Sindh (1994 PLC (C.S.) 201). The Tribunal found that the impugned Notification was issued mala fide and null and void, thereby reinstating the earlier Notification that respected Dr. Qureshi's seniority.
The defense contended that the appeal was non-maintainable due to the absence of the appointing authority and argued res judicata; however, the Tribunal dismissed these arguments, highlighting that the matter at hand involved new grounds pertaining to Grade-20 seniority, distinct from previous litigation focused on Grades 18 and 19. Additionally, the Tribunal clarified that the Government's powers under section 24 of the Sindh Civil Servants Act are not unlimited and cannot be exercised in a manner that contravenes the rights of civil servants, reinforcing the necessity for just and equitable treatment in line with statutory provisions.
This case underscores the paramount importance of adhering to established seniority protocols within the civil service framework. It serves as a precedent ensuring that promotions are conducted transparently and fairly, safeguarding the rights of senior civil servants and maintaining organizational integrity. The decision reaffirms the judiciary's role in upholding administrative justice and the rule of law, ensuring that arbitrary promotions without due consideration of seniority and merit are effectively challenged and rectified. For civil servants and legal practitioners, this case exemplifies the critical intersection of administrative rules and judicial oversight, emphasizing the need for rigorous compliance with statutory provisions to foster a just and equitable civil service environment. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Government of Sindh,
Service Tribunal, Sindh,
Chief Secretary Karachi,
Dr. MUSHTAQ AHMED QURESHI
|
| Judges |
JUSTICE (RETD.) ABDUL GHANI SHAIKH,
MOULA BUX KHATIAN,
ASHIQUE HUSSAIN MEMON
|
| Lawyers |
Manzoor Ali Khan,
Mrs. Tabassum Ghazanfar, Asstt. A.-G.,
Sirajul Haq
|
| Petitioners |
Dr. MUSHTAQ AHMED QURESHI
|
| Respondents |
GOVERNMENT OF SINDH through Chief Secretary Karachi and 4 others
|
| Citations |
2007 SLD 1978,
2007 PLC 575
|
| Other Citations |
Ahsanullah Memon's case 1993 PLC (C.S.) 937,
Khalil Ahmed Soomro v. Government of Sindh and others 1994 PLC (C.S.) 201
|
| Laws Involved |
Sindh Civil Servants Act (XIV of 1973),
Sindh Service Tribunals Act (XV of 1973),
Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975,
Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974
|
| Sections |
8(4),
24,
4,
13,
8-A(2)
|