| Citation(s) |
|---|
| 2011 SLG 1841 2011 SLD 1841 2011 PLC 1343 |
Sindh High Court
Constitutional Petition No.D-87 of 2011, decision dated: 23rd May, 2011.
GULZAR AHMED AND SHAHID ANWAR BAJWA, JJ
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Constitutional Petition No.D-87 of 2011, decision dated: 23rd May, 2011.
GULZAR AHMED AND SHAHID ANWAR BAJWA, JJ
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[Sindh High Court] SHAHNAWAZ KUTRIO
VS
PROVINCE OF SINDH through Chief Secretary, Government of Sindh and 2 others SHAHNAWAZ KUTRIO vs PROVINCE OF SINDH through Chief Secretary, Government of Sindh and 2 others
Law:
Section:
Sindh Civil Servants Act (XIV of 1973)-------S. 10---Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, R. 9---Sindh Service Tribunals Act (XV of 1973), S.4---Constitution of Pakistan, Arts.199 & 212---Constitutional petition---Officer of District Management Group in BPS-19---Posting by transfer of such officer as Director General Agriculture Extension (BPS-20) till further orders in his own pay and scale---Such posting was alleged to be violative of Notification dated 21-3-1993 issued by Provincial Government---Validity---Petitioner had challenged legality of appointment of respondent---Such petition being in nature of writ of quo warranto, which could not be issued by Service Tribunal---Method for appointment of Director General Agriculture Extension prescribed in such notification was either by promotion from amongst Directors of Agriculture Extension or transfer of Director-General of other Wings of Agricultural Department---Respondent was not Director in Agriculture Extension Department, thus, could not have been promoted as Director-General---Appointment to such post could only be made by either of such two prescribed modes, but not otherwise---Liability of civil servant to serve anywhere within Province in any post under Provincial Government under S.10 of Sindh Civil Servants Act, 1974 would not mean that every civil servant was ipso facto qualified for any and every post under such Government---High Court set aside appointment of respondent while directed authority to make such appointment in accordance with such notification dated 21-3-1993. Muhammad Akram Malik v. Province of Sindh through Chief Secretary, Government of Sindh Karachi and others (C.P.No.D-550 of 1999); Peer Muhammad v. Government of Balochistan through Chief Secretary and others 2007 SCMR 54 and Muhammad Younus Aarin v. Province of Sindh through Chief Secretary, Sindh, Karachi and 10 others 2007 SCMR 134 ref. Dr. Nasimul Ghani v. Province of Sindh and others (C.P. No.D-932 of 2009); Estacode 6th Edition pages 1316 and 137 Serial No.4, and Syed Mehboob v. Province of Sindh through Chief Secretary, Government of Sindh and 3 others 2011 PLC (C.S.) 37 rel. Sarfraz…
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