| Citation(s) |
|---|
| 2011 SLG 1726 2011 SLD 1726 2011 PLC 723 |
Sindh High Court
Case No.GAZ/APPEAL/DR(Accts.)/AO(M), decision dated: 25-08-2006.
ANWAR ZAHEER, JAMALI AND NADEEM AZHAR SIDDIQUI, JJ
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Case No.GAZ/APPEAL/DR(Accts.)/AO(M), decision dated: 25-08-2006.
ANWAR ZAHEER, JAMALI AND NADEEM AZHAR SIDDIQUI, JJ
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SHAHNAWAZ BALOCH and 23 others
VS
Kazi MUHAMMAD TAQI and another SHAHNAWAZ BALOCH and 23 others vs Kazi MUHAMMAD TAQI and another
Law:
Section:
High Court Establishment (Appointment and Conditions of Service) Rules, 1964-------Rr.7, 20, 24, 26 & Schedule II-Appeal-Maintainability--Promotion-Principle-Grievance of appellants was that respondents who were juniors to them were promoted---Validity---Promotions to posts in question were to be filled by selection by Chief Justice from High Court Establishment---All employees who were otherwise eligible were to be considered for such promotion---Post mentioned in R. 7 of High Court Establishment (Appointment and Conditions Service) Rules, 1964 were selection posts and there was no requirement of law to fill the same on the basis of seniority-cum-fitness basis---Vast powers were given to the Chief Justice to select any employee from the establishment and to promote him---Decision taken by Chief Justice under Rr.7 & 26 of High Court Establishment (Appointment and Conditions of Service) Rules, 1964 were not justiceable---No appeal was provided under Schedule II of High Court Establishment (Appointment and Conditions of Service) Rules---Only decisions taken under Rr. 20 and 23 of High Court Establishment (Appointment and Conditions of Service) Rules, 1964 were made appealable---Decision of promotion of respondents was taken by Chief Justice of High Court in exercise of powers under R.7 read with R.26 of High Court Establishment (Appointment and Conditions of Service) Rules, 1964 therefore, appeal was not maintainable---Appeal was dismissed in circumstances. PLD 1969 SC 407 ref. Dates of hearing: 21st January and 11th March, 2006. JUDGMENT NADEEM AZHAR SIDDIQI, J.--- By this common order we intend to dispose of the appeals filed by the above appellants under Rules 20/24 read with Schedule II of the High Court Establishment (Appointment and Conditions of Service) Rules (hereinafter referred as the Rules). The names of the appellants and their designations are as under: - (1) Mr. Shahnawaz Baloch, Assistant Registrar. (2) Mr. Muhammad Usman, P.S. to Judge (now working and as Secretary Inspection Team-II). (3) Mr. Arbab Imtiaz Khan, P.S. to Judge. (4) Mr. Muhammad Haroon, P.S. to Judge (now working as P.S. to honourable Chief Justice). (5) Mr. Muhammad…
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