Law: Sindh Registration Rules, 1940

Section: R.8(1)

Civil service--- ----Employee having appeared in the departmental examination---Sought declaration of result---Amendment made in the rules---Effect---Employee appeared in annual departmental examination with permission of department for the post of Sub-Registrar---Department refused to declare result on the ground that employee was not eligible to compete in the departmental examination---Validity---Employee was erroneously allowed to appear in the examination who was not eligible for the post he appeared---Amendment made in R. 8(1) of Sindh Registration Rules, 1940 had prospective effect and not retrospective---Petitioner could not agitate its retrospective application---Constitutional petition was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, J.---- The Petitioner has prayed for the following relief(s). a) That a writ of mandamus may kindly be issued with direction to the Respondents to declare the Result of the Annual Registration Departmental Examination held on 15.09.2013 for three categories i.e. Sub-Registrar, Assistant and Junior Clerk, wherein Respondents have declared only two categories results i.e. Sub-Registrar and Junior clerk and withheld the result of the Assistant till date without any lawful justification. b) That direct the Respondents not to discontinue or ignore the Annual Registration Departmental Examination held on 15.09.2013 for the category of Assistant. 2. Brief facts of the case are that the Petitioner was appointed in year 2011 as Assistant (BPS-14) in office of the District Registrar Karachi, the Board of Revenue (BOR), and Government of Sindh. He contends that there are three different grades of Sub-Registrar cadre in the Registration Department, which are BPS-11, 14 and 16, and "The Code of Standing Orders", issued under the Registration Act, 1940, at Serial No. 6 lays down the procedure for holding Annual Departmental Examination prescribed in Rule 8. The petitioner further contends that the Registration Department conducted Annual Departmental Examination, 2013, which was held on 15.9.2013 and that with permission of the Respondent No. 02/Senior Member, BOR; he appeared in the said Departmental…

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