| Case ID |
e2a34841-e016-4aa3-9ae7-43e0f7845391 |
| Body |
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| Case Number |
Civil Appeals Nos. 207-K to 249-K of 2013 |
| Decision Date |
Feb 07, 2014 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeals filed by the Province of Sindh against the judgments of the Sindh Service Tribunal, which had allowed the service appeals of the respondents. The court found that the termination orders issued against the respondents were void as they were made by an officer who lacked the legal authority to do so. The court emphasized that the dismissal of the appeals was in accordance with the legal principles established under the Sindh Service Tribunals Act, 1973. The court also highlighted that the practice of appointing civil servants on 'Own Pay and Scale Basis' was discouraged as it undermined the rights and dignity of civil servants. The decision reinforced the need for adherence to lawful authority in administrative appointments and terminations. |
| Summary |
The Supreme Court of Pakistan addressed a significant case involving the termination of civil servants in the Education and Literacy Department of the Government of Sindh. The case arose from multiple appeals against termination orders issued by an officer who was not competent to do so. The court ruled that such termination orders were void and without lawful authority, thereby allowing the appeals of the respondents. This case underscores the importance of legal authority in administrative decisions and the protection of civil servants' rights. It also sheds light on the implications of appointing individuals to higher positions on an 'Own Pay and Scale Basis' without proper legal backing. The judgment serves as a crucial reference for similar cases in the future, emphasizing adherence to established legal frameworks and the rights of civil servants. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWAR ZAHEER,
JAMALI,
KHILJI ARIF HUSSAIN,
AMIR HANI MUSLIM
|
| Lawyers |
Muhammad Sawar Khan, A.A.G. Sindh,
Adnan Karim Additional A.G. Sindh,
Jalal-ud-Din Additional Secretary, Education,
Abdul Saeed Khan Ghouri, Advocate-on-Record
|
| Petitioners |
PROVINCE OF SINDH and others
|
| Respondents |
GHULAM FAREED and others
|
| Citations |
2015 SLD 277 = 2015 PLC 151
|
| Other Citations |
Furqan Habib and others v. Government of Pakistan and others 2006 SCMR 460
|
| Laws Involved |
Sindh Service Tribunals Act, 1973,
Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1973,
Limitation Act, 1908
|
| Sections |
6-A,
9,
8-A,
3
|