| Citation(s) |
|---|
| 2017 SLG 293 2017 SLD 293 2017 PLC 42 |
Service Tribunal, Sindh
Appeals Nos. 1319 to 1342 of 2015, decided on 30th December,2015. Date of hearing: 15th December, 2015.
JUSTICE (R) MUJEEBULLAH SIDDIQUI, CHAIRMAN AND AMEER FAISAL, MEMBER-I
Mehta Naresh Nath Kohli for Appellants.S. Kamil Shah, A.A.G., Sindh for
Respondents.
Appeals Nos. 1319 to 1342 of 2015, decided on 30th December,2015. Date of hearing: 15th December, 2015.
JUSTICE (R) MUJEEBULLAH SIDDIQUI, CHAIRMAN AND AMEER FAISAL, MEMBER-I
Mehta Naresh Nath Kohli for Appellants.S. Kamil Shah, A.A.G., Sindh for
Respondents.
MUHAMMAD ASIF AND OTHERSVS.GOVERNMENT OF SINDH THROUGH SECRETARY FINANCE DEPARTMENT AND INFORMATION TECHNOLOGY DEPARTMENT, SINDH AND 4 OTHERS
Law:
Section:
(a) Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974------.-----------.-------R. 9-A------.-----Removal from Service (Special Powers) Sindh Ordinance (IX of 2000), S.3(e)------.-----Surplus employees of a defunct department------.-----Non-payment of salaries------.-----Employees had been appointed on regular basis after completion of all the codal formalities by the competent authority------.-----Appellants were required to be dealt with in accordance with law if there was any wrong on their part------.-----Salary of any government servant could not be withheld without recourse to law------.-----Appointment orders of the appellants were intact and same should continue to remain in force until altered or amended by the competent authority------.-----If any appointment order was bogus or fake or had been issued/ obtained by fraudulent means maneuvering or in violation of law then it should not confer any right, title or status on the holder of such appointment order------.-----If an appointment order had been made on regular basis by the competent authority by observing codal formalities then same could not be nullified and holders of such appointment order could not be deprived of their right, title and status of a civil servant------.-----Government had failed to deal with the appellants in accordance with law by not providing the funds------.-----Government was directed to place the services of appellants in surplus pool and they might be absorbed and posted in accordance with R.9-A of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974------.-----Finance department should make necessary arrangement and provide funds for payment of salaries to the appellants------.-----If department had any reservation with regard to the legality of appointment of appellants then it would be at liberty to initiate proceedings in accordance with the provisions contained in Removal from Service (Special Powers) Sindh Ordinance, 2000 but after their absorption/adjustment and payment of their arrears and salaries and back benefits------.-----Appeals were allowed in circumstances.(b) Constitution of Pakistan------.-----------.-------Art.…