| Case ID |
3a5a78bf-52ac-4120-acc2-02060ba69908 |
| Body |
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| Case Number |
Appeal No.211 of 2001 |
| Decision Date |
Nov 14, 2003 |
| Hearing Date |
Oct 27, 2003 |
| Decision |
The appeal was dismissed as the withdrawal of the appellant's promotion was found to be legally justified. The Tribunal determined that the appellant's promotion was based on an order that was subsequently rescinded due to the changing circumstances and directives from the local government. It was concluded that rights acquired through an illegal order cannot be considered vested rights. The principle of locus poenitentiae was deemed inapplicable as the initial order of promotion was found to be invalid from the outset. |
| Summary |
In the case of Noor Muhammad vs. Secretary, Local Government Public Health Engineering Rural Government and Katchi Abadies Department, the Service Tribunal of Sindh addressed an appeal regarding the withdrawal of the appellant's promotion from Assistant Director to Deputy Director within the Local Government structure. The key legal issues revolved around the Sindh Civil Servants Act and the Sindh Service Tribunal Act, particularly concerning the legality of the promotion process and the principle of locus poenitentiae. The Tribunal found that the appellant’s promotion was based on a mismanaged administrative directive, which was later rescinded by the government. This case underscores the importance of adhering to legal protocols in public service promotions and the implications of administrative changes on employee rights. The ruling emphasizes that rights obtained through illegitimate means cannot be sustained, reinforcing the principle that the legality of the original order is paramount in determining the validity of subsequent actions. This case serves as a precedent in administrative law, particularly in matters of public servant promotions and the procedural integrity required in such decisions. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE (RETD.) ABDUL GHANI SHAIKH,
Yousaf Ali Mirza,
Nur Ahmed Shah
|
| Lawyers |
Ghulam Mustafa Lakho,
Mrs. Tabassum Ghazanfar,
Shahzad Nawab
|
| Petitioners |
Noor Muhammad
|
| Respondents |
2 others,
SECRETARY, LOCAL GOVERNMENT PUBLIC HEALTH ENGINEERING RURAL GOVERNMENT AND KATCHI ABADIES DEPARTMENT, GOVERNMENT OF SINDH
|
| Citations |
2005 SLD 887,
2005 PLC 395
|
| Other Citations |
PLD 1992 SC 207,
1999 SCMR 2883,
2000 SCMR 907,
2002 PLC (C.S) 696
|
| Laws Involved |
Sindh Civil Servants Act (XIV of 1973),
Sindh Service Tribunal Act (XV of 1973)
|
| Sections |
9,
4
|