Case Details

Citation(s)
2010 SLG 3245 2010 SLD 3245 2010 PLC 1344
Service Tribunal, Sindh
Appeals Nos.223, 224, 225 and 226 of 2007, heard on 25th November, 2008. Date of hearing: 25th November, 2008.
JUSTICE (RETD.) GHULAM NABI SOOMRO, CHAIRMAN QAZI QAMARUDDIN AND MRS. AKHTAR A. CHAUDHRY, MEMBERS

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ABDUL HAYEE KHOSO and others

VS

CHIEF SECRETARY, GOVERNMENT OF SINDH and others

Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974

Section: 7,9-A

Law: Sindh Civil Servants Act, (XIV of 1973)

Section: 4

(a) Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974---   ----Rr. 7 9-A---Sindh Service Tribunals Act (XV of 1973), S.4---Promotion and seniority---Two groups of Agriculture Officers i.e. non-supervisory group and supervisory group in the Department and for each group separate seniority lists were being maintained---Posts of supervisory group were promotion posts from non-supervisory group ---Respondent who was Water Management Officer, was transferred and adjusted in Agriculture Extension Wing as Agriculture Officer of non-supervisory group and on his application, his name was included in the seniority list of supervisory group and being junior to appellants in non-supervisory group was given seniority over the appellants in supervisory group---Respondent was further promoted to B-18 on acting charge basis---Validity---Appointment of respondent from Water Management Wing to the Agriculture Extension Wing was made by transfer, however, as provided by R.7(2) of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, it should have been made on the recommendation of appropriate Departmental Promotion Committee, but no such exercise was undertaken---Initial absorption of respondent being in non-supervisory group, his permanent absorption also could have been in the same group---Mere fact that respondent was posted as Deputy District Officer, which was a post of supervisory cadre, would not ipso facto create right in his favour to claim seniority in the supervisory group---Respondent who was much junior to appellants in BS-17, could not be absorbed is supervisory group over and above the appellants---Allowing seniority to respondent in supervisory group, appeared to be an act of acute favoritism which had caused undue loss of seniority and promotion to the appellants---Order allowing respondent seniority in the supervisory group was liable to be set aside, so also all the other orders/notifications based upon the same being illegal, were also liable to be set aside---Impugned orders to the extent of granting promotion to respondent to BS-18 on acting charge basis were set aside.    (b) Sindh Service Tribunals Act…
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