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

Section: 8

Law: Sindh Service Tribunals Act, 1973

Section: 4

Sindh Civil Servants Act (XIV of 1973)---   --- S. 8---Sindh Service Tribunals Act (XV of 1973), S.4---Seniority---Entitlement---Appeal to Service Tribunal---Maintainability--Department vide notification, issued provisional seniority list of employees, but name of appellant was missing in the said list---Appellant being aggrieved, filed objection to that list and he was advised to prefer appeal against said provisional seniority list, under S.4 of Sindh Service Tribunals Act, 1973, which he preferred accordingly--Validity---Disputed seniority list was provisional which was not a final order---Right of appeal before Service Tribunal had been conferred by subsection (1) of S.4 of Service Tribunals Act, 1973 only against a final order, whether original or appellate---Final order had the distinction of determining the rights of the parties-Order appealed against being not final, appeal filed by appellant was premature as final seniority list was yet to be issued---Department could treat the appeal filed by the appellant as objections to the provisional seniority lists and finalize the seniority lists in accordance with law.    S.H.M. Rizvi and 5 others v. Maqsood Ahmed and 6 others PLD 1981 SC 612 and Shafiullah Qureshi and others v. Secretary, Establishment Division, Islamabad and others 1994 PLC (C.S.) 1400 ref. ORDER JUSTICE (R) ABDUL GHANI SHAIKH (CHAIRMAN).---Appellant Attiqullah Khan joined Irrigation Department as Sub-Engineer (Mechanical) in the year, 1971. During the service in the year, 1981 he acquired B.Tech (lions) degree. Then as per Notification of Ministry of Education Government of Pakistan dated 17-4-1996 issued on the basis of judgment of Honourable apex Court passed in suo motu Review Petition No.52 of 1993 declaring degree of B.Tech (Hons) at par with the degree of B.E, appellant and many others vide Notification dated 18-12-1997 were assigned seniority from the date of acquiring degree of B.Tech (lions). Meanwhile, appellant was allowed B-16 and was promoted as Assistant Executive Engineer vide Notification dated 11-3-1997. And vide order dated 7-8-2001 he was also allowed move-over to B-18 as stated in the memo of appeal after…

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