| Case ID |
d6f7d33e-7f41-4e7d-8d0e-63289219600f |
| Body |
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| Case Number |
Appeals Nos. 8 and 9 of 1984 |
| Decision Date |
Aug 28, 1984 |
| Hearing Date |
|
| Decision |
The Service Tribunal dismissed the appeals of the appellants, Faqir Muhammad Dahar and Baldev Mathrani, who sought notional promotion from the dates their juniors were promoted to Grade-18 and the fixation of their pay accordingly. The Tribunal held that such claims were not within its jurisdiction as per the provisions of the Sind Service Tribunals Act. It was determined that the fixation of pay could not precede the grant of notional promotion. The appeals were therefore dismissed without any order as to costs, emphasizing the need for proper jurisdiction in matters of promotion and salary fixation. |
| Summary |
The case revolves around the appeals made by Faqir Muhammad Dahar and Baldev Mathrani against the Chief Secretary, Government of Sind, concerning their claims for notional promotion and salary fixation based on the promotions of their juniors. The Tribunal, led by Chairman Mushtak Ali Kazi, examined the jurisdiction of the Service Tribunal under the Sind Service Tribunals Act, 1973. It was concluded that the Tribunal could not entertain claims for notional promotion, as the matters fell outside its jurisdiction. The appellants argued that they deserved promotions backdated to when their juniors were elevated to Grade-18. However, the ruling clarified that the fixation of pay as a result of pro forma promotion cannot occur before the actual promotion is granted. This case underscores the importance of understanding the legal boundaries within which service tribunals operate, particularly regarding seniority and pay fixation in the civil service. The decision serves as a reference point for future cases involving similar claims, reinforcing the necessity for clarity in the application of service laws and regulations. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
MUSHTAK ALI KAZI (CHAIRMAN),
R.M. ISHAQUE,
MUHAMMAD IBRAHIM LAKHIAR
|
| Lawyers |
Aftab Ahmad Shaikh,
Hasan Akbar, A.A.-G.
|
| Petitioners |
FAQIR MUHAMMAD DAHAR,
Baldev Mathrani
|
| Respondents |
CHIEF SECRETARY, GOVERNMENT OF SIND
|
| Citations |
1985 SLD 1882,
1985 PLC 482
|
| Other Citations |
Not available
|
| Laws Involved |
Sind Service Tribunals Act (XV of 1973)
|
| Sections |
4(b)
|