| Citation(s) |
|---|
| 2022 SLG 215 2022 SLD 215 2022 SCMR 374 |
Supreme Court of Pakistan
Civil Appeal No. 607 of 2021, decided on 8th November, 2021. Date of hearing: 8th November, 2021. (Against judgment dated 24.02.2021 of Sindh Service Tribunal, Karachi passed in Service Appeal No. 888 of 2018)
IJAZ UL AHSAN, JUSTICE, QAZI MUHAMMAD AMIN AHMED, JUSTICE
M. Shoaib Shaheen, Advocate Supreme Court for Appellant. Syed Ghulam Shabbir Shah, Advocate Supreme Court (via video link from Karachi) assisted by Awwad Anwar, Advocate and Syed Rafaqat Hussain Shah, Advocate-on-Record for
Respondent No. 1. Fauzi Zafar
Civil Appeal No. 607 of 2021, decided on 8th November, 2021. Date of hearing: 8th November, 2021. (Against judgment dated 24.02.2021 of Sindh Service Tribunal, Karachi passed in Service Appeal No. 888 of 2018)
IJAZ UL AHSAN, JUSTICE, QAZI MUHAMMAD AMIN AHMED, JUSTICE
M. Shoaib Shaheen, Advocate Supreme Court for Appellant. Syed Ghulam Shabbir Shah, Advocate Supreme Court (via video link from Karachi) assisted by Awwad Anwar, Advocate and Syed Rafaqat Hussain Shah, Advocate-on-Record for
Respondent No. 1. Fauzi Zafar
SAQIB ALI KHOKHAR, DIRECTOR (REGIONAL)/ADDITIONAL DIRECTOR THROUGH MANAGING DIRECTOR (STEVTA)
VS
INAYATULLAH LOHAR AND OTHERS
Law: Sindh (Regularization of Ad hoc and Contract, Employees) Act, 2013
Section: 15(2)&5(3)
Sindh Technical Vocational Training Authority Act, 2009 (VIII of 2010)--- ----Ss. 15(2) 15(3)---Sindh Technical Education and Vocational Training Authority Employees (Appointment, Promotion and Transfer) Rules, 2012, R. 13---Sindh Civil Servants Act (XIV of 1973), S. 9---Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, Rr. 7 8---Constitution of Pakistan, Art. 240---Civil servants belonging to different departments and cadres transferred/posted to Sindh Technical Education and Vocational Training Authority (STEVTA) but not absorbed therein---Promotion---All employees of STEVTA who had been transferred/posted to STEVTA from different departments of Provincial Government continued to be employees of the Government and various aspects of their service including seniority and promotion were governed by the Sindh Civil Servants Act, 1973 and they had to follow the channels of promotion available in their own departments and cadres under the Sindh Civil Servants Act, 1973 and the Rules made thereunder. Employees/civil servants of Provincial Government who were transferred to Sindh Technical Education and Vocational Training Authority (STEVTA) but not absorbed therein had to be promoted through their parent channels under the Rules framed under Sindh Civil Servants Act, 1973. Granting of promotion to civil servants who had been transferred to STEVTA for the time being under the Sindh Technical Education and Vocational Training Authority Employees (Appointment, Promotion and Transfer) Rules, 2012 framed by STEVTA was illegal and without lawful authority. Administrative changes, transfers and postings of civil servants to different departments, agencies or authorities working as a part of the Government or under the Government could not change the service structure and the conditions of service including seniority of civil servants which could only be done by a statutory instrument in terms of Article 240 of the Constitution. Muhammad Bachal Memon v. Tanveer Hussain Shah 2014 SCMR 1539 ref. Provincial Assembly did not make any amendments in the Sindh Civil Servants Act, 1973 or the Rules framed thereunder in order to change, modify or alter the…
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