| Citation(s) |
|---|
| 2011 SLG 409 2011 SLD 409 2011 SCMR 1584 |
Supreme Court of Pakistan
C.P.L.A. No.339-K of 2009, decision dated: 20-08-2009. (On appeal from judgment of Sindh Service Tribunal Karachi, dated 27-2-2009 passed in Appeal No. 14 of 2008)
SARDAR MUHAMMAD RAZA KHAN AND ANWAR ZAHEER, JAMALI, JJ
Ansari Abdul Latif, Advocate Supreme Court and Mazhar Ali B. Chohan Advocate-on-Record for Petitioner. Yousaf Leghari Advocate-General, Sindh, Syed Farid Ali, S.O. and Sadar-ud-Din, A.O. for
Respondents. Faiz Muhanimad Rind
Respondent No. 6 in person
C.P.L.A. No.339-K of 2009, decision dated: 20-08-2009. (On appeal from judgment of Sindh Service Tribunal Karachi, dated 27-2-2009 passed in Appeal No. 14 of 2008)
SARDAR MUHAMMAD RAZA KHAN AND ANWAR ZAHEER, JAMALI, JJ
Ansari Abdul Latif, Advocate Supreme Court and Mazhar Ali B. Chohan Advocate-on-Record for Petitioner. Yousaf Leghari Advocate-General, Sindh, Syed Farid Ali, S.O. and Sadar-ud-Din, A.O. for
Respondents. Faiz Muhanimad Rind
Respondent No. 6 in person
AMANULLAH SHAH
VS
SECRETARY, AGRICULTURE DEPARTMENT, GOVERNMENT OF SINDH and others
Law: Sindh Civil Servants Act, (XIV of 1973)
Section: 8(4)
Law: Sindh Civil Servants Act, (XIV of 1973)
Section: 8(4)
Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1975
Section: 10(1)
Sindh Civil Servants Act (XIV of 1973)--- ----S. 8(4)---Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1975, R. 10(1)---Seniority---Unit Supervisor (BPS-11) in Agriculture Engineering Wing of Agriculture Department---Appointment of petitioner (diploma-holder) in BPS-11 regularized on 26-11-1989---Appointment of respondents (Degree holders) in same grade and pay scale in September 1993---Preparation of combined seniority list on yearly basis of all employees in BPS-11 including Diploma-holder Supervisors and Graduate Supervisor showing names of petitioner and respondents according to their respective seniority--Issuance of Notification dated, 11-8-2000 providing separate quota for promotion to post of Assistant Agriculture Engineer in BPS-17 amongst Graduate Supervisors and Diploma-holder Supervisors---Obtaining of Bachelor Degree by petitioner in year 2004---First and second segregated list of seniority of Graduate Supervisors in BPS-11 prepared on 1-1-2006 and 1-1-2007 respectively showing name of petitioner at Serial No.3 not challenged by any one---Revised list of seniority prepared on 17-9-2007 placing name of petitioner at Serial No.13 below the name of respondents instead of Serial No.3 as mentioned in earlier seniority list dated 1-1-2007---Validity----Notification dated, 11-8-2000 issued in terms of R. 3(2) of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 was meant for determining quota for promotion to posts in BPS-17 and was not meant to determine or affect inter se seniority of Unit Supervisors, which would be computed from date of their regular appointment as envisaged under S. 8(4) of Sindh Civil Servants Act, 1973 and R. 10(1) of Sindh Civil Servants, (Appointment, Promotion and Transfer) Rules, 1975---Statutory provision regarding seniority would have overriding effect on such Notification to protect seniority of petitioner---Petitioner had obtained Bachelor Degree much before preparation of first segregated list of seniority of Graduate Supervisors and Diploma-holder Supervisors---Petitioner would be entitled for promotion to a higher post from date of his regular appointment---Relief of seniority…
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