Case Details

Citation(s)
2014 SLG 266 2014 SLD 266 2014 PLC 933
Sindh High Court
Representation/Appeal No. HC/ADMN/00849, decided on 22nd March, 2014. Date of hearing: 10th July, 2013.
NISAR MUHAMMAD SHAIKH, J
Nemo for
Respondents Nos.2 to 9.

SOHAIL AKHTAR CHANG

VS

ABDUL KARIM and 8 others

Law:

Section:

(a) Civil Service--- ----Civil Service---Seniority---Fixation of---Civil servant filed objections regarding provisional seniority list, which was rejected treating the list as final---Civil servant was considered for promotion on numerous occasions, but was superseded by way of promoting his juniors owing to his questionable record---Such supersessions were never challenged by him---Appeal was dismissed in circumstances. (b) Sindh Judicial Staff Services Rules, 1992--- ----R. 11(1) Explanation-II---Appellant was superseded twice by his juniors when they were promoted---Effect---Officer promoted first shall rank senior to the officer promoted subsequently. (c) Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1974--- ----R. 13(iv)---Appellant was considered for promotion, but was superseded---Effect---Clause (iv) of R.13 related to the civil servant who had not been considered for promotion, while the appellant in the present case, was considered for promotion, hence, said rule was not of any help to his case. (d) Sindh Civil Servants Act (XV of 1973)--- ----Ss. 4 & 8---Civil servant who was not promoted to the higher grade in 'one batch' together with others, could not retain inter se seniority as in the lower grade. ORDER NISAR MUHAMMAD SHAIKH, J.--- Through this representation/appeal dated 14-2-2012, the appellant has impugned the order dated 16-1-2012 passed by learned District and Sessions Judge, Hyderabad whereby the objections filed by appellant on the provisional seniority list dated 19-9-2011, were overruled and such list was declared final. 2. Brief facts of the case are that the appellant was appointed as Junior Clerk in BPS-5 by learned District and Sessions Judge, Hyderabad in the year, 1973 and then he passed his departmental examination in 1975, while the respondents Nos.1 to 9 were subsequently appointed as Junior Clerks in 1974, 1975, 1976 and 1979 respectively and thus, they were juniors to the appellant. In 2009, when the appellant was Nazir/C.O.O. in BPS-10, another junior to him namely Muhammad Ismail Memon (who is now retired) was promoted from Grade-10 to 11, against which the appellant made representation dated…
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