Law:

Section:

(a) Constitution of Pakistan (1973) --- Art. 212 (3)-Sind Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, r. 9-A (ii)-Leave to appeal granted to consider question relating to interpretation of r. 9-A (ii). (b) Sind Civil Servants (Appointment, Promotion and Transfer) Rules, 1974- ---R. 9-A (ii)-Interpretation-Rule 9-A, enabling and overriding in nature, specifically designed to provide job to a person rendered sur­plus on account of abolition of a post-Words "to a post of lower grade" occurring in clause (ii) of r. 9-A-Held, not to be taken to mean a post of any grade howsoever low-Government ordering that appellant Assistant Traffic Manager (Grade-16) rendered surplus from Road Transport Corporation be absorbed against available vacancy of Ward Rationing Officer" in Food Department-Order of Secretary, Food Department absorbing appellant as Food Grain Ins­pector in Grade-6 as maintained by Service Tribunal-Held, not justified but against letter and spirit of instructions on subject and set aside-Order of Government directed to be implemented forth. with-Sind Service Tribunals Act (XV of 1974), S. 4.-[Interpretation of statutes]. Syed Nasiruddin, Senior Advocate Supreme Court, with S. A. Wadood, Advocate Supreme Court instructed by M. S. Ghaury, Advocate-on-Record for Appellant. Saeed A. Shaikh, Advocate-General (Sind) with Muzaffar Hassan, Advocate-on-Record for Respondent. Date of hearing: 15th January, 1984. JUDGMENT S. A. NUSRAT J.-This appeal by special leave is from the judgment and order, dated 3-1-1983 of the Sind Service Tribunal, Karachi, which was passed in the background of the following facts:-- The appellant had been serving as Assistant Traffic Manager in NPS-16 in Sind Road Transport Corporation ever since 1974. He was declared surplus in the wake of retrenchment and fell out of job on 7-8-1977. He made a representation to the Chief Secretary to the Government of Sind on 25-10-1978 requesting that since number of vacancies were available in certain Depart­ments of the Government be may be considered for appointment and absorbed in service in any Department as provided in rule 9-A of the Sind Civil Servants (Appointment,…

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