| Citation(s) |
|---|
| 2024 SLG 5283 2024 SLD 5283 2024 PLC 833 |
Sindh High Court
C.P. No.D-579 of 2023, decided on 20th February, 2023. Date of hearing: 13th February, 2023.
Before Muhammad Iqbal Kalhoro and Adnan-ul-Karim Memon, JJ
M.M. Aqil Awan and Muhammad Arshad Khan Tanoli for Petitioners. Abdul Salam Memon and Ms. Rabiya Javed for
Respondents Nos.4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 17, 18, 20, 21, 23, 24, 25 and 27. G.N. Qureshi for
Respondents Nos.6, 8, 13, 19, 22, 28, 29 and 30. Malik Naeem Iqbal and Muhammad Saleem Khaskheli for
Respondent No.19. Ali Safdar Depar, Assistant Advocate General Sindh, Bhoromal, Law Officer, Secretary Services, Government of Sindh along with Muhammad Saleem Rajput, Secretary Services, Altaf Hussain Sario, Additional Secretary Services and Sanaullah Qazi, Section Officer.
C.P. No.D-579 of 2023, decided on 20th February, 2023. Date of hearing: 13th February, 2023.
Before Muhammad Iqbal Kalhoro and Adnan-ul-Karim Memon, JJ
M.M. Aqil Awan and Muhammad Arshad Khan Tanoli for Petitioners. Abdul Salam Memon and Ms. Rabiya Javed for
Respondents Nos.4, 5, 7, 9, 10, 11, 12, 14, 15, 16, 17, 18, 20, 21, 23, 24, 25 and 27. G.N. Qureshi for
Respondents Nos.6, 8, 13, 19, 22, 28, 29 and 30. Malik Naeem Iqbal and Muhammad Saleem Khaskheli for
Respondent No.19. Ali Safdar Depar, Assistant Advocate General Sindh, Bhoromal, Law Officer, Secretary Services, Government of Sindh along with Muhammad Saleem Rajput, Secretary Services, Altaf Hussain Sario, Additional Secretary Services and Sanaullah Qazi, Section Officer.
FAHEEMUDDIN and 5 others
VERSUS
PROVINCE OF SINDH through Chief Secretary and others
Law: Sindh Service Tribunals Act, 1973
Section: 4
(a) Sindh Service Tribunals Act (XV of 1973)--------S.4---Constitution of Pakistan, Arts. 199 & 212---Constitutional petition---Maintainability---Service Tribunal, jurisdiction of---Fitness for promotion---Scope---When matter concerns fitness of civil servant for promotion to next rank, jurisdiction of Service Tribunal is not attracted, and Constitutional petition under Art. 199 of the Constitution before High Court is maintainable.Chief Secretary, Government of Punjab, Lahore and others v. Ms. Shamim Usman 2021 SCMR 1390 and Secretary, Establishment Division v. Aftab Maneka 2015 SCMR 1006 rel.(b) Sindh Service Tribunals Act (XV of 1973)--------S.4---Civil service---Seniority---Fitness for promotion---Matter pending before Service Tribunal---Petitioner / civil servants assailed notification of promotion of respondents issued by Selection Board during pendency of appeals fixing seniority before Service Tribunal---Respondents claim promotion to the post (BS-18), which was a non-selection post---Validity---In principle promotion to such post was required to be made on seniority-cum-fitness basis---It was yet to be determined by Service Tribunal as to who was senior amongst the parties and fit for promotion in the next rank---Meeting convened by Selection Board recommending promotion of respondents should not have been called for on account of the pendency of seniority dispute between the parties before Service Tribunal---Recommendation made by Selection Board in its meeting was an erroneous decision on their part---High Court set aside notification of promotion of respondents as purported recommendation made by Selection Board for promotion of respondents was without justification---High Court directed that promotion of all parties would be subject to the outcome of service appeals filed by parties and those who were not a party could join service appeals by appropriate application before Service Tribunal---Constitutional petition was allowed accordingly.Federation of Pakistan through Secretary Establishment, Islamabad v. M.Y. Habib-ur-Rehman and others 2021 SCMR 1554; Khalillah Kakar and others v. Provincial Police Officer, Balochistan and others 2021 SCMR…
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