| Citation(s) |
|---|
| 2024 SLG 3019 2024 SLD 3019 2024 SCMR 1160 |
Supreme Court of Pakistan
Civil Appeal No. 928 of 2020 and C.M.A. No.500-K of 2023 in C.A. No.928 of 2020, decided on 15th April, 2024. (Against Judgment dated 17.12.2019 passed by High Court of Sindh, Karachi in C.P. No. D-4329 of 2019).Date of hearing: 15th April, 2024.
PRESENT: SYED HASAN AZHAR RIZVI, MUSARRAT HILALI AND NAEEM AKHTAR AFGHAN, JJ
Sibtain Mehmood, Additional Advocate General Sindh at Islamabad, Ghulam Rasool Mangi, Advocate-on-Record at Islamabad, Adil Memon, AIG Legal, Pir Muhammad Shah, DIG, Establishment (via video link from Karachi) for Appellants. Malik Naeem Iqbal, Advocate S
Civil Appeal No. 928 of 2020 and C.M.A. No.500-K of 2023 in C.A. No.928 of 2020, decided on 15th April, 2024. (Against Judgment dated 17.12.2019 passed by High Court of Sindh, Karachi in C.P. No. D-4329 of 2019).Date of hearing: 15th April, 2024.
PRESENT: SYED HASAN AZHAR RIZVI, MUSARRAT HILALI AND NAEEM AKHTAR AFGHAN, JJ
Sibtain Mehmood, Additional Advocate General Sindh at Islamabad, Ghulam Rasool Mangi, Advocate-on-Record at Islamabad, Adil Memon, AIG Legal, Pir Muhammad Shah, DIG, Establishment (via video link from Karachi) for Appellants. Malik Naeem Iqbal, Advocate S
PROVINCE OF SINDH AND OTHERS---APPELLANTS
VS
MUHAMMAD TAHIR KHAN CHANDIO AND OTHERS---RESPONDENTS
Law:
Section:
Civil service-----Technical Cadre and Executive Cadre of police department---IT cadre of police---Post of ASI (Computer)---Counsel for the respondents (police employees) stated that an advertisement was issued for the recruitment of candidates for the post of ASI (Computer) and pursuant thereto 113 individuals were appointed in the year 2004, however all the ASIs (Computer) were not assigned any computer related work, rather they served in the Executive Branch of the police; that the respondents underwent training of ASI courses, obtained practical training (A, B, C, D Courses), as was imparted to ASIs of Executive Police; that most of the ASIs had dealt with a number of criminal cases independently and out of 113 ASIs, presently 65 were in service; that some of them had even embraced martyrdom, and that the respondents should be treated at par with ASIs Executive Police keeping in view their experience of more than twenty (20) years while performing their duties as ASIs Executive---Validity---Supreme Court directed that the 65 ASls including the respondents who were appointed as ASI (Computer) in 2004 and filed the petition before the High Court shall continue to perform their service in the Executive Branch of the Police Department but this practice shall not be cited as a precedent in future---However, their seniority and promotion shall be dealt with strictly in accordance with law, rules and regulations---Appeal was disposed of accordingly. Gul Hassan Jatoi and others v. Faqir Muhammad Jatoi and others 2016 SCMR 1254 ref. JUDGMENT: SYED HASAN AZHAR RIZVI, JUSTICE:---.--- C.M.A.No. 548-K of 2021: Through this application, the applicants/interveners seek their impleadment being a necessary/ proper party to the lis in hand on the ground that the impugned judgment has adversely affected their rights and principle of audi alteram partem was not followed by the learned High Court. Learned Additional Advocate General, Sindh and learned counsel for the respondents have no objection in this regard. For the reasons mentioned therein, the same is allowed and the applicants are allowed to be arrayed as party. Learned Additional Advocate General Sindh undertakes to…
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