| Citation(s) |
|---|
| 1983 SLG 1471 1983 SLD 1471 1983 PLC 339 |
Sindh High Court
Constitution Petition No. D-369 of 1982, decided on 10th May, 1982.
ABDUL HAYEE KURESHI, C.J. AND SAJJAD ALI SHAH, J.
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Constitution Petition No. D-369 of 1982, decided on 10th May, 1982.
ABDUL HAYEE KURESHI, C.J. AND SAJJAD ALI SHAH, J.
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MUHAMMAD MUSTAQEEM AND ANOTHER
VS
SECRETARY TO GOVERNMENT OF SIND AND 2 OTHERS
Law:
Section:
Sind Civil Servants Act (XIV of 1973)- ----S. 8 (1) read with Sind Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, r. 9- Rule 9 not mandatory but directory-Teachers in Education Department of Government of Sind failing to obtain promotion-Sole grievance being non-compliance by Government of public duties to produce seniority list " every year but no grievance about its correction-Held, language of r. 9 (2) clearly indicates, rule not mandatory but directory and merely for fact of new list not having been prepared, old list does not lose authenticity or validity-Question of procrastination, therefore, does not arise. S. H. M. Rizvi and 5 others v. Maqsood Ahmad and 6 bothers P L D 1981 S C 612 distinguished. Manzoor Ali Khan for Petitioners. . ORDER ABDUL HAYEE KURESHI, C. J.-The petitioners are employed in the Education Department of the Government of Sind. After the integration of the privately managed schools and colleges with the Government institutions, as inter .se seniority list was prepared. Such seniority list has not been produced before us, but the learned Advocate has produced a letter from the Directorate of School Education, Karachi dated 22-6-1980, which states that decisions have been taken by the Government to integrate the staff in the Government cadre and nationalised schools cadre, and the same letter further states that a list had been prepared, which was "It is, therefore, desired that every teacher (H. S T) should go through the list carefully and note down his rank in the seniority list and should verify the same with his service record and other documents. Variation discrepancy or omission if any should be brought to the notice of the undersigned in writing through the respective Heads and duly countersigned by the D.E.O. concerned on the given pro forma at an early date but not later than 31st August, 1980. " 2 It seems the petitioners claimed promotion to posts in Grade 17, and having failed to obtain such promotion, they have filed the present petition, claiming the following relief :- "24. The petitioners, therefore, humbly pray that the Honourable Court may be pleased to direct the respondents to issue or cause…
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