| Case ID |
d75f2842-2a9c-48e7-b972-cd5610b8b9d4 |
| Body |
View case body. Login to View |
| Case Number |
Appeal No. 15 of 1990 |
| Decision Date |
Nov 19, 1990 |
| Hearing Date |
|
| Decision |
The appeal filed by Mr. Noor Nabi Pathan against the seniority list issued on 24-9-1989 was found to be not maintainable as the seniority list did not adversely affect his position. The Tribunal noted that the appellant's name was at the top of the seniority list, indicating he was senior to the other officers. The omission of the names of the private respondents from the list did not provide a valid cause of action for the appellant to challenge it. The appeal was dismissed, allowing the appellant to raise the issue of his seniority in the higher grade if a new cause of action arose in the future. |
| Summary |
In the case of Noor Nabi Pathan vs. Government of Sindh, the Service Tribunal addressed the appeal concerning the seniority list of Assistant Excise and Taxation Officers. The appellant, who had been reinstated after a period of absence due to a military conviction, contested the exclusion of certain junior officers from the seniority list. The Tribunal ruled that since the appellant's seniority was not negatively impacted by the list, he could not challenge it based on the omission of others. This case underscores the importance of maintaining the integrity of seniority lists in civil service and the legal standards governing promotions and seniority. Key terms include civil service, seniority list, promotion, and Sindh Service Tribunals Act. The decision reinforces the principle that only those adversely affected by administrative decisions have standing to appeal. The ruling highlights procedural aspects of civil service law and the significance of documented promotions and seniority assignments. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
MUNAWAR ALI KHAN,
TASNEEM AHMED SIDDIQUI
|
| Lawyers |
Manzoor Ali Khan,
Abdul Ghafoor Mangi
|
| Petitioners |
NOOR NABI PATHAN
|
| Respondents |
others,
GOVERNMENT OF SINDH
|
| Citations |
1991 SLD 2015,
1991 PLC 1146
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Service Tribunals Act (XV of 1975)
|
| Sections |
4
|