Law: Sindh Service Tribunals Act, 1973

Section: 6-A,9

Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1973

Section: 8-A

Law: Limitation Act, 1908

Section: 3

(a) Sindh Service Tribunal Act (XV of 1973)--- ----S. 6-A---Limitation Act (IX of 1908), S. 3---Appeal against termination order filed before Sindh Service Tribunal---Limitation---Termination order passed by an officer not competent in law to pass such an order---Effect---Such termination order would be void and without lawful authority---Consequently neither bar of limitation would be attracted nor period of limitation would run against such order---Appeal was dismissed accordingly. Furqan Habib and others v. Government of Pakistan and others 2006 SCMR 460 distinguished. (b) Sindh Civil Servants Act (XIV of 1973)--- ----S. 9---Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, R. 8-A---Appointment of a civil servant on a higher grade on "Own Pay and Scale Basis" (OPS)---Legality---Sindh Civil Servants Act, 1973 and Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 did not contain any provision which could authorize the Government or competent authority to appoint any officer on a higher grade on OPS basis---Any appointment of such nature, that too of a junior officer would cause heart burning of senior officers within the cadre and/or department---Practice of appointment on OPS basis had always been discouraged by the Supreme Court, as it did not have any sanction of law, besides it impinged the self-respect and dignity of civil servants who were forced to work under their rapidly and unduly appointed fellow junior officers---Allowing such discretion to be vested in the competent authority would offend valuable rights of meritorious civil servants besides blocking promotions of deserving officers. (c) Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----R. 8-A---Appointment to higher grade on acting charge basis---Nature and scope---Appointment of an officer of a lower scale on a higher post on current charge basis was made as a stop-gap arrangement and should not under any circumstance, last for more than 6 months---Acting charge appointment could neither be construed to be an appointment by promotion on regular basis for any purpose including seniority, nor it conferred any vested right for…

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