| Citation(s) |
|---|
| 1980 SLG 1857 1980 SLD 1857 1980 PLC 97 |
Sindh High Court
Constitutional Petitions No. D-1429 and D-1457 of 1978, 7th August, 1979
I. MAHMUD AND ZAFFAR HUSSAIN MIRZA, JJ
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Constitutional Petitions No. D-1429 and D-1457 of 1978, 7th August, 1979
I. MAHMUD AND ZAFFAR HUSSAIN MIRZA, JJ
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Muhammad Alam Khoso
VS
Divisional Committee, Sukkur Division, Sukkur And 3 Others
Law:
Section:
Keywords: Notice, Promotion, Removal, Records, Retention, Violation, Costs, Order, Appointment, Division, Irrigation, Competent Authority, Petition, Petitioner, Civil Servant Result: Petition allowed JUDGMENT I. MAHMUD, J.-This judgment will dispose of Constitutional Petitions Nos. D-1429 and D-1457/78 as they raise common question and facts of law. 2. In Petition No. D-1429-78, the petitioner Muhammad Alam Khoso and in. Petition No. D-1457/78 the petitioner Muhammad Hassan Dharae were appointed as Sub-Engineers in Grade 11 on 9th May 1974 and 30th July 1976, respectively on purely temporary basis. Under their letters of appointment, the services of the petitioners were liable to be terminated at any time without any notice or assigning any reason therefor. Under section 11 of the Sind Civil Servant (Appointment, Promotion and Transfers) Rules, 1974, initial appointments to posts in Grades 1-15 shall be made on the recommendation of the Departmental Selection Committee after the vacancies in Grades 3 to 15 have been advertised in newspapers. It appears that at the time of the appointment of the petitioners, no Depart mental Selection Committee existed and their appointments were made under. Delegated Powers, by the Chief Engineer, Irrigation, Sukkur Division. Upon the promulgation of the M. L. O-55, the ad-hoc appointments of both the petitioners were reviewed under paragraph 3(iii) of Part I by the Divisional Committee, Sukkur Division on 12th September 1978, who after examining their service records did not find them fit for retention in the posts held by them. Accordingly, the Superintending Engineer, Rohri Canal Circle, Hyderabad, gave one week's notice on 18th October 1978, for termina tion of the petitioner's appointments. The petitioners have filed…
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