| Citation(s) |
|---|
| 1985 SLG 1862 1985 SLD 1862 1985 PLC 446 |
Service Tribunal, Sindh
Appeal No. 42 of 1983, decided on 6th November, 1984.
MUSTAK ALI KAZI, CHAIRMAN, MUHAMMAD IBRAHIM LAKHIAR AND TASNEEM AHMAD SIDDIQUI, MEMBERS
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Appeal No. 42 of 1983, decided on 6th November, 1984.
MUSTAK ALI KAZI, CHAIRMAN, MUHAMMAD IBRAHIM LAKHIAR AND TASNEEM AHMAD SIDDIQUI, MEMBERS
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Syed ASIF ALI
VS
SECRETARY TO GOVERNMENT OF SIND, HOME DEPARTMENT and 5 others
Law:
Section:
(a) Ad hoc Appointments Regularisation Order, 1978 (M.L.A. Zone 'C')-- ---No. 55, para.2 (a)--Sind Civil Servants Act (XIV of 1973), S.8(3)--Sind Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, r.11(a)--Seniority--Martial Law Order 55 promulgated to examine suitability of appointees and did not regulate seniority--Deputy Superintendents of Police initially appointed by selection made by a Selection Committee after excluding posts from purview of Public Service Commission--Suitability of appointees subsequently examined by Public Service Commission--Those cleared by Public Service Commission, held, excluded from operation of M.L.O. 55 and could not be said to be ad hoc appointees--Those not earlier cleared by Public Service Commission referred to Commission after promulgation of M.L.O. 55 and cleared-Seniority of appointees determined by appointing authority on principles and basis of passing departmental examination, held, not exceptionable on grounds of subsequent clearance by Public Service Commission in pursuance of M.L.O. 55. (b) Sind Public Service Commission (Functions) Rules, 1974-- ---Rr.2(b) a 5--Selection of Officer--Raising efficiency of services and for that purpose devising ways and means for selection--Established right of Government--Government not powerless to adopt any other method to judge efficiency of a candidate having earlier once determined a particular mode of selection--Posts of Deputy Superintendent of Police filled in by selection through a selection committee after taking same out of purview of Public Service Commission by Government--Determination of suitability of such appointees by Public Service Commission subsequently, held, within power of Government and could not be regarded as irregular. Zahid Ali v. Pakistan Ordnance Factories P L D 1971 Lah. 229 rel. Niamatullah Qureshi and Manzoor Ali Khan for Appellant. Sabihuddin Ahmad for Respondent No.4. Hassan Akbar, A.A.-G. for the State. Date of hearing: 1st November, 1984. JUDGMENT MUSHTAK ALI KAZI (CHAIRMAN).--The appellant, a directly recruited Deputy Superintendent of Police, has filed this appeal under section 4 of the Service Tribunals Act, 1973, to claim…
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