Case Details

Citation(s)
2017 SLG 929 2017 SLD 929 2017 PLJ 1
Sindh High Court
C.P. No. D-2941 of 2016, decided on 11.11.2016.
MUHAMMAD ALI MAZHAR & ABDUL MAALIK GADDI, JJ.
Mr. Munir-ur-Rahman, Advocate for M.D.A. Mr. Abdul Jalil Zubedi, A.A.G. for
Respondents.

MUHAMMAD AYUB FAZLANI, DIRECTOR (CO-ORDINATION) MDA, KARACHI

VS

PROVINCE OF SINDH through Chief Secretary and others- --RespondentS

Law:

Section:

Sindh Civil Servants (Appointment, Promotion & Transfer) Rules, 1974-- ----R. 9-A--Constitution of Pakistan, 1973, Art. 199--Services were absorbed--Notification--Posting order was withdrawn and repatriated--Directed to report parent department--Challenge to--Right sizing policy of Sindh Govt.--Validity--Sindh Government can only appoint a person by absorption by resorting to Rule 9-A of A.P.T. Rules, 1974 u/R. 9-A a person who has been rendered surplus on account of abolition of his post, in any office or department or autonomous body and or on account of permanently taking over of administration of such autonomous body wholly or partially by Government, can be appointed by transfer to any post in a department subject to his eligibility and qualifications for appointment to such office--It is totally unjustified to repatriate petitioner to corporation where petitioner was already declared surplus along with 229 officers--Petitioner has been repatriated from his parent department in violation of s of Supreme Court--One more crucial fact cannot be ignored that Secretary to Government of Sindh, vide notification dated 4.10.2016 has already cancelled impugned notification dated 29.1.2016 with approval of competent authority and allowed to continue petitioner his duties as Director M.D.A but despite that petitioner is not being allowed to continue--Petition is disposed of along with pending applications with directions to allow petitioner to join and perform his duties in M.D.A. [Pp. 5, 6 & 7] A, B, C, E & F Constitution of Pakistan, 1973-- ----Art. 189--Principle of law--Any decision of Supreme Court to extent that it decides question of law or enunciates a principle of law is binding on all other Courts in Pakistan. [P. 6] D PLD 2010 SC 483, ref. ORDER Muhammad Ali Mazhar, J.--The petitioner has challenged the Notification dated 29.01.2016 by means of which his posting order dated 27.04.2001 as Deputy Director, MDA was withdrawn and he was repatriated and directed to report his parent department i.e. Sindh Small Industries Corporation. 2. The petitioner argued that vide Notification dated 14.04.2001 issued by the Services General Administration &…
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