| Case ID |
d57df9f1-78d8-4f9b-b884-61c3ca884029 |
| Body |
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| Case Number |
Appeal No. 51 of 1991 |
| Decision Date |
Apr 30, 1991 |
| Hearing Date |
Apr 23, 1991 |
| Decision |
The appeal filed by Nasiruddin Siddique regarding his seniority in the Electrical Sub-Inspectors Cadre was dismissed. The court found that the appellant was appointed as Electrical Sub-Inspector on his own request, thus ranking him junior to other respondents as per the Sind Civil Servants (Probation, Confirmation and Seniority) Rules 1975. The judgments made regarding his seniority were found to be legally justified, and the rectification of the seniority list was upheld. The principle of locus poenitentiae was clarified, indicating that the previous decision could be revisited based on accurate factual records. The court concluded that the appeal lacked merit and ordered no costs. |
| Summary |
This case revolves around a dispute regarding the seniority of Nasiruddin Siddique in the Electrical Sub-Inspectors Cadre. The appellant challenged his placement in the seniority list, arguing that he should rank higher due to his prior service. The court examined the rules governing appointments and seniority, specifically focusing on the implications of being appointed on one's own request versus being transferred. Key arguments included the legality of rectifying the seniority list and the implications of the decisions made by the Irrigation Department. Ultimately, the court found that the appellant's appointment was indeed on his own request, which necessitated his junior ranking in the cadre. This case underscores the importance of understanding civil service rules and the nuances of seniority disputes, making it a significant reference for future cases involving similar issues. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE (RTD) MUNAWAR ALI KHAN (CHAIRMAN),
GHULAM MUJADID ISRAN (MEMBER)
|
| Lawyers |
Learned counsel for the appellant,
Learned Government counsel
|
| Petitioners |
Nasiruddin Siddique
|
| Respondents |
The Chief Secretary,
Khalid Mahmood Khan,
Khalid Ahmed Soomro,
Ali Raza Zaidi,
Niaz Ali Shaikh
|
| Citations |
1991 SLD 2211,
1991 KLR 155
|
| Other Citations |
Not available
|
| Laws Involved |
Sind Civil Servants (Probation, Confirmation and Seniority) Rules 1975
|
| Sections |
12
|