| Case ID |
67d4360e-d0f4-49d7-a0e2-a9f3bf193d5a |
| Body |
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| Case Number |
Appeal No.5 of 1997 |
| Decision Date |
Oct 30, 1997 |
| Hearing Date |
Oct 15, 1997 |
| Decision |
The appeal was directed against the Notification dated 13-8-1996, which allowed the private respondents seniority over the appellant in the cadre of Ex-PCS Officer BPS-17 Assistant Commissioner. The Tribunal found that the appellant was senior to the private respondents based on earlier seniority lists and that the private respondents had been allowed seniority without proper justification or opportunity for the appellant to be heard. The Tribunal ruled that the impugned order was illegal and set it aside, remanding the case to the competent authority for proper refixation of seniority in accordance with the law. |
| Summary |
The case involves a dispute regarding seniority among civil servants in the Sindh province under the Sindh Civil Servants Act and relevant rules. The appellant, Mansoor Ahmed, contested the seniority granted to private respondents, arguing that he was promoted earlier and had been consistently listed as senior in previous seniority lists. The Tribunal highlighted procedural irregularities in the decision-making process that favored the private respondents without proper justification. The ruling emphasized the importance of following legal procedures in determining seniority and ensuring that all affected parties are given an opportunity to present their case. The decision to set aside the notification reaffirms the principles of natural justice and the legality of administrative actions in the public service sector. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Federal Service Tribunal,
GOVERNMENT OF SINDH
|
| Judges |
ABDUL MAJEED KHANZADA (CHAIRMAN),
BAHAUDDIN SIRHINDI (MEMBER)
|
| Lawyers |
M.M. Aqil Awan for Appellant,
S.M. Sayedain Zaidi, Asstt. A.-G. for Respondent No. 1,
Ch. Muhammad Jamil for Respondents Nos. 2 to 5
|
| Petitioners |
MANSOOR AHMED
|
| Respondents |
GOVERNMENT OF SINDH,
Respondent No. 1,
Respondents Nos. 2 to 5
|
| Citations |
2001 SLD 1960,
2001 PLC 829
|
| Other Citations |
Ahsan Ali .v. Secretary, KANA. Division, Islamabad PLJ 1996 (T.C.) 212,
Mst. Anisa Rehman v. PIAC 1994 SCMR 2232,
Aslam Warraich v. Secretary, Planning and Development Division 1991 SCMR 2330,
Federation of Pakistan v. Azam Ali 1985 SCMR 386,
Nasimul Haq Malik v. Chief Secretary to Government of Sindh 1996 PLC (C.S.) 921
|
| Laws Involved |
Sindh Civil Servants Act (IV of 1973),
Civil Servants (Probation, Confirmation and Seniority) Rules, 1975
|
| Sections |
8,
10
|