| Case ID |
4314fe15-9e9d-4edc-a028-8178514004bf |
| Body |
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| Case Number |
S.A.No. 390 of 2013 |
| Decision Date |
May 19, 2014 |
| Hearing Date |
Apr 14, 2014 |
| Decision |
The appeal filed by Dawood Khan was accepted, and the orders issued by the Additional Chief Secretary and Deputy Secretary (Services-II S&GAD) were set aside. The Tribunal found that the respondent's claim for promotion as Transport Supervisor was unjustified, given that the seniority list issued by the P&D department showed Dawood Khan as the senior employee. The decision emphasized the importance of adhering to proper procedures regarding promotions and seniority, highlighting that the respondent had not challenged the seniority list, which was a critical factor in the case. The court directed that the promotion of Dawood Khan as Transport Supervisor be restored. |
| Summary |
This case revolves around a dispute regarding the promotion and seniority of two employees, Dawood Khan and Ashiq Hussain, who were both drivers in the Planning and Development (P&D) department of Balochistan. The case highlights the application of the Balochistan Civil Servants Act and the Balochistan Service Tribunal Act, emphasizing the legal principles surrounding employee promotions and seniority within government departments. The Tribunal ruled in favor of Dawood Khan, restoring his promotion as Transport Supervisor after finding procedural irregularities in the withdrawal of his promotion by higher authorities. The decision underscores the need for transparency and fairness in administrative actions, particularly in civil service employment. |
| Court |
Service Tribunal, Balochistan
|
| Entities Involved |
Not available
|
| Judges |
ZAHEER-UD-DIN KAKAR (CHAIRMAN),
MUHAMMAD IBRAHIM SUMALANI (MEMBER-I),
FARZAND ALI MENGAL (MEMBER JUDL.)
|
| Lawyers |
Wali Muhammad Barech,
Muhammad Saleem Baloch (A.A.G.),
Zahoor Ahmed Baloch
|
| Petitioners |
DAWOOD KHAN
|
| Respondents |
Respondent No. 2,
CHIEF SECRETARY, BALOCHISTAN
|
| Citations |
2015 SLD 951,
2015 PLC 1475
|
| Other Citations |
Not available
|
| Laws Involved |
Balochistan Civil Servants Act (IX of 1974),
Balochistan Service Tribunal Act (V of 1974)
|
| Sections |
9,
4
|