| Citation(s) |
|---|
| 2015 SLG 365 2015 SLD 365 2015 PLC 767 |
Supreme Court of Pakistan
Civil Appeals Nos. 5-K of 2014 and 311 to 314 of 2013,decided on 18th June, 2014. dates of hearing: 7th to 10thand 17th April, 2014
JAWWAD S. KHAWAJA, IQBAL HAMEEDUR RAHMAN AND MUSHIR ALAM, JJ
M. Aqil Awan, Senior Advocate Supreme Court for Appellants (in C.A. No. 5-K of 2014). Muhammad Akram Sheikh, Senior Advocate Supreme Court for Appellants (in C.As. No. 311 - 312 of 2013). Mehmood A. Sheikh, Advocate-on-Record assisted by Faraz Raza Advoca
Civil Appeals Nos. 5-K of 2014 and 311 to 314 of 2013,decided on 18th June, 2014. dates of hearing: 7th to 10thand 17th April, 2014
JAWWAD S. KHAWAJA, IQBAL HAMEEDUR RAHMAN AND MUSHIR ALAM, JJ
M. Aqil Awan, Senior Advocate Supreme Court for Appellants (in C.A. No. 5-K of 2014). Muhammad Akram Sheikh, Senior Advocate Supreme Court for Appellants (in C.As. No. 311 - 312 of 2013). Mehmood A. Sheikh, Advocate-on-Record assisted by Faraz Raza Advoca
MUHAMMAD BACHAL MEMON and othersvsSyed TANVEER HUSSAIN SHAH and others
Law: Sindh Civil Servants Act, (XIV of 1973)
Section: 8,9,Preamble,26
Law: Constitution of Pakistan, 1973
Section: 139(3),240
Law: Fundamental Rules
Section: 9(4)
Law: Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975
Section: 9
(a) Sindh Civil Servants Act (XIV of 1973)--- ----Ss. 8 & 9---Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, R. 9---Constitution of Pakistan, Arts. 139(3) & 240---Civil service---Cadres---Inter se seniority---Engineers working in different Government departments having separate seniority lists---Reconfiguration/merger of departments---Procedure---Creation of combined seniority list---Legality---First cadre of engineers worked in the Provincial Education Department---Second cadre of engineers worked in the Communication and Works Department ("C&W") Department---Said two cadres continued their parallel existence alongside each other---As a result of reconfiguration of departments in the year 2002, Provincial Government created a new Works and Services department and a combined seniority list was prepared for engineers belonging from the two cadres on the basis that said two cadres purportedly stood merged---Held, under the constitutional scheme, administrative changes or allocation and reallocation of the business of the Province could be made under the Rules of Business made under Art. 139(3) of the Constitution but changes in the service conditions including seniority of civil servants could only be made under Art. 240 of the Constitution, something which was not done in the present case---Provincial Assembly did not make any amendments in the Sindh Civil Servants Act, 1973 or the rules framed thereunder for such purpose---Even if an attempt was made by the Provincial Government to provide for a change or merger of cadres it had to be done in accordance with the provisions of S.8 of the Sindh Civil Servants Act, 1973, which related to seniority or through legislation---Preparation of combined/joint seniority list for the engineers from the two cadres was not in accordance with the law---Appeal was disposed of accordingly. (b) Fundamental Rules, 1922--- ----R. 9(4)---Sindh Civil Servants Act (XIV of 1973), Preamble---"Cadre"---Term "cadre" was not defined in the Sindh Civil Servants Act, 1973---Term "cadre" as given in the Fundamental Rules, 1922 was not inconsistent with any of the provisions of the Sindh Civil Servants…