| Case ID |
f91a9f22-3f73-4cba-92a5-bb87a05e72a2 |
| Body |
View case body. Login to View |
| Case Number |
Appeal No. 37 of 1985 |
| Decision Date |
Apr 19, 1987 |
| Hearing Date |
Apr 15, 1987 |
| Decision |
The appeal was allowed and the impugned order was set aside. The Service Tribunal found that the seniority of civil servants in both temporary and permanent cadres must be maintained separately in accordance with the Sind Civil Servants (Probation, Confirmation and Seniority) Rules, 1975. The Tribunal emphasized that the two cadres had never been amalgamated and that the proper procedure was not followed in allowing the respondent's seniority in the general cadre. The case highlighted the importance of adhering to established rules and maintaining clarity in the seniority lists of civil servants, ensuring that promotions and seniority reflect the true nature of appointments and service history. |
| Summary |
This case revolves around the interpretation of seniority rules for civil servants under the Sind Civil Servants (Probation, Confirmation and Seniority) Rules, 1975. The Service Tribunal addressed the issue of seniority between two distinct cadres: the general cadre and the temporary cadre associated with the B.C.G. Programme. The Tribunal ruled that separate seniority lists must be maintained for both groups, as their qualifications and duties differ significantly. The case underscores the necessity of following proper administrative procedures when determining seniority and promotions within government departments, ensuring fair treatment and adherence to legal standards. It serves as a precedent for future cases involving civil service regulations, emphasizing the significance of clarity and compliance with established laws. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
MUNAWAR ALI KHAN (CHAIRMAN),
DR. A.Q. QAZI,
MANZOORUL HAQ EFFENDI
|
| Lawyers |
Naimaullah Qureshi,
Rasheed Akhtar Qureshi
|
| Petitioners |
MUHAMMAD KHAN
|
| Respondents |
Khan Muhammad,
DIRECTOR, HEALTH SERVICES, HYDERABAD
|
| Citations |
1988 SLD 1121,
1988 PLC 503
|
| Other Citations |
Not available
|
| Laws Involved |
Sind Civil Servants (Probation, Confirmation and Seniority) Rules, 1975
|
| Sections |
R.9(1)
|