| Citation(s) |
|---|
| SLG 2006 (2019) 126 SLD 2006 (2019) 127 PLC 1084 |
Sindh High Court
Constitution Petition No. D-253 of 2015, decision Dated: 24-10-2017. Hearing Dated: 17-08-2017.
SYED HASSAN AZHAR RIZVI, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Petitioner(s) by: Muhammad Arshad Khan Tanoli
Respondent(s) by: Muhammad Aslam Butt DAG No.1.
Constitution Petition No. D-253 of 2015, decision Dated: 24-10-2017. Hearing Dated: 17-08-2017.
SYED HASSAN AZHAR RIZVI, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Petitioner(s) by: Muhammad Arshad Khan Tanoli
Respondent(s) by: Muhammad Aslam Butt DAG No.1.
FARAZ SHERWANI AND ANOTHER
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY ESTABLISHMENT AND 2 OTHERS
Law: National Accountability Ordinance, 1999
Section: 28(c)
Law: Constitution of Pakistan, 1973
Section: 18
Law: Civil Servants Act, 1973
Section: 2
Law: Federal Service Tribunals Act, (LXX of 1973)
Section: 2,4
(a) National Accountability Bureau Employees Terms and Conditions of Service (TCS) Rules, 2002--- ----Preamble---National Accountability Ordinance (XVIII of 1999), S. 28(c)---Federal Service Tribunals Act (LXX of 1973), Ss. 4 & 2---Constitution of Pakistan, Art. 18---SRO No. 1106(1)/2015 dated 16-02-2016---Civil Servants Act (LXXI of 1973), S. 2---Promotion---National Accountability Bureau---Employees, Personal Assistants (BS-16), were promoted to the post of Private Secretary (BS-17)---Contention of petitioners employees was that they should be promoted as Assistant Director (BS-17) instead of Private Secretary as promotion of Personal Assistant in next grade was Assistant Director---Validity---Employees of National Accountability Bureau were not "civil servants" and they could not file appeal before Service Tribunal---National Accountability Bureau had statutory rules of service and an aggrieved person could invoke constitutional jurisdiction of High Court---Petitioners employees had failed to justify their eligibility for appointment by promotion as Assistant Director---Government had power to change the promotion policy and prescribe the qualification for a particular post through amendment in the relevant rules---Employees were not eligible to be considered for promotion to the post of Assistant Director as they had no length of three years' service in BS-16 or eight years' in BS-11 and above---Employees could not claim promotion as a matter of right---Petitioners had failed to point out any malice on the part of department or infringement of their rights warranting interference of High Court in its constitutional jurisdiction---Fair and meritorious appointment to public office was requirement of law---Civil servant could not be transferred from his cadre to another cadre and absorbed in another cadre post---No illegality, irregularity or infirmity had been pointed out in the impugned notification passed by the department---Constitutional petition was dismissed in circumstances. Nasimul Haque Malik v. Chief Secretary Government of Sindh 1996 PLC (C.S.) 921 R 927; Federation of Pakistan v. Azam Ali 1985 SCMR 386 and I.A. Sherwani v. Government of…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492