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

Section: 8,9

Law: Sindh Service Tribunals Act, 1973

Section: 4

Sindh Civil Servants Act (XIV of 1973)---   ----Ss. 8 9---Sindh Service Tribunals Act (XV of 1973), S.4---Seniority and promotion---Appeal to Service Tribunal---Seniority list showed that appellant was placed at serial No.15, whereas respondents were placed below him at serial Nos.19 20 respectively---In subsequent Departmental Promotion Committees meeting, appellant, despite being entitled for consideration for promotion being senior to respondents, was placed out of consideration for the reasons of non-communication of Annual Confidential Report for the relevant year, which resulted promotion of his juniors to grade 16 and appellant was not so promoted despite being senior to respondents ---Validity---If Annual Confidential Reports of appellant were not communicated to appellant and were not before the Departmental Promotion Committee at the relevant time, appellant could not be blamed or held at fault---Appellant, however submitted that he would be satisfied if the matter was remanded to the Departmental Authority for considering his case afresh in accordance with law---Counsel for the Authorities, had conceded to the prayer of appellant---Prayer of appellant was accepted and case was remanded, directing Departmental Authority to consider case of appellant in accordance with law.    Sayed Ayaz Hussain v. Chief Secretary Government of Sindh and 3 others 2005 PLC (C.S.) 295 and Muhammad Farooq Chauhan v. The Province Punjab PLD 1987 SC 271 rel. JUDGMENT JUSTICE (RETD.) GHULAM NABI SOOMRO, (CHAIRMAN).----This appeal under section 4 of the Sindh Service Tribunals Act, 1973 has been filed by the appellant with following prayers: -- (a) To set aside the notification dated 30-5-2006 regarding promotion of 2 junior officers to the post of Instructor Electrical (BS-17) as mentioned respondents Nos.4 to 5. (b) To direct the respondents Nos.1 to 3 to convene the DPC/DSC and consider/recommend the name of the appellant for promotion to the post (B-17) with all consequential benefits. (c) To direct the respondents Nos.1 to 3 to convene the DPC/DSC and consider the appellant for promotion as name of the appellant was not properly considered for promotion by…

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