| Case ID |
39ef98ab-e00d-48bc-92b2-63248558b5e0 |
| Body |
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| Case Number |
D-613 of 2013 |
| Decision Date |
Jan 25, 2014 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the constitutional petition filed by Ghulam Muhammad. The petitioner challenged his transfer from the post of Director-General of the Hyderabad Development Authority (HDA), arguing that he was competently appointed and that the frequent transfers were illegal and politically motivated. The court held that the post of Director-General was a cadre post and emphasized that no civil servant of a non-cadre post could be transferred to hold a cadre post without fulfilling the requisite formalities. The court referenced previous judgments that distinguished between cadre and non-cadre posts, underscoring the necessity of adhering to statutory rules and the competitive process required for such appointments. The court concluded that the petitioner did not meet the necessary conditions to hold the Director-General position and thus affirmed the repatriation to his original department. |
| Summary |
This case revolves around the constitutional petition filed by Ghulam Muhammad against the Province of Sindh, contesting his transfer from the Director-General position at the Hyderabad Development Authority. The court examined the legal frameworks governing civil servant appointments, particularly the distinctions between cadre and non-cadre posts. The ruling emphasized the importance of adherence to statutory regulations in civil service appointments and transfers. The case highlights issues of administrative fairness and the legalities surrounding government employment practices in Pakistan, particularly under the Hyderabad Development Authority Act and Sindh Civil Servants Act. It serves as a critical reference point for understanding the rights of civil servants against arbitrary transfers and the legal standards that govern such executive actions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ALI MAZHAR,
SADIQ HUSSAIN BHATTI
|
| Lawyers |
Abrar Hassan,
Usman Shaikh,
Muhammad Iqbal Ch.,
Khalid Jawed Khan,
Adnan Karim,
Abdul Jalil Zubedi,
Muhammad Nawaz Shaikh
|
| Petitioners |
GHULAM MUHAMMAD
|
| Respondents |
PROVINCE OF SINDH through Chief Secretary and another
|
| Citations |
2014 SLD 240,
2014 PLC 797
|
| Other Citations |
PLD 1995 SC 530,
PLD 2013 SC 195,
2013 SCMR 1752
|
| Laws Involved |
Hyderabad Development Authority Act,
Sindh Civil Servants Act,
Constitution of Pakistan
|
| Sections |
7,
2(1)(b)(i),
10,
4,
5,
199
|