Case Details

Citation(s)
1985 SLG 2068 1985 SLD 2068 1985 PLC 681
Sindh High Court
Constitutional Petition No. D-132 of 1979, decided on 30th January, 1985.
AJMAL MIAN AND HAIDER ALI PIRZADA, JJ

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MATEENULHASSAN KHAN AND ANOTHER

VS

THE SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF SIND AND 2 OTHERS

Law:

Section:

Constitution of Pakistan (1973)- --Art. 199 - West Pakistan Subordinate Treasury and Accounts Service Rules, 1962, rr. 4 & 5-Employees of Provincial Government passing departmental examination-Names of such employees not included in seniority list - Directive by competent Authority to fix seniority not complied with-Writ of mandamus-Orders sought to be enforced not adverse orders nor petitioners were aggrieved by such orders - Grievance of petitioner being that in spite of legal obligation on part of subordinate to authorities which have issued orders for inclusion of employees' names in seniority list, same remained uncomplied with, in spite of expiry of several years-Appropriate remedy, held, was issuance of writ. Khalil-ur-Rehman and others v. Government of Pakistan and others P L D 1981 Kar. 750 distinguished. Rao Shakir Ali Naqshbandi for Petitioners. Abdul Sattar Shaikh, Addl. A.-G. for Respondents. Date of hearing : 30th January, 1985. JUDGMENT AJMAL MIAN, J. - The present petition has been filed by the two petitioners. Petitioner No. 1 Mateen-ul-Hassan Khan was appointed in the Revenue Department on 20th November, 1947 in the Treasury Office Nawabshah as "B" Grade Clerk, whereas petitioner No. 2 Khurshid Ahmed was appointed on 14th October, 1953 at Khairpur Mirs (the then State) as "D" Grade Clerk, respectively. It is the case of the petitioners that they were subsequently absorbed in West Pakistan Treasury and Accounts Service. After that they passed the Subordinate Treasury and Accounts Services (Accounts Clerk) departmental examination in the years 1968 and 1967, respectively held by the Commissioner of Khairpur Division. The petitioner No.1 from the date of his appointment till 7th January, 1973 worked in the Treasury Office Nawabshah wherefrom he was transferred to the Karachi Treasury Office on the above date. He joined his duties at Karachi on 8th January, 1973 and since then has been working as Accounts Clerk in the Treasury Office, Karachi without getting any seniority and promotion benefits. Whereas petitioner No. 2 was transferred from Khairpur to Nawabshah in November, 1973 and thereafter on 5th August, 1974 he was transferred to Karachi…
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