Case Details

Citation(s)
1985 SLG 2108 1985 SLD 2108 1985 PLC 754
Service Tribunal, Sindh
Appeals Nos. 54 of 1983 and 44 of 1984, decided on 24th March 1985.
MUSHTAK ALI KAZI, CHAIRMAN, MUHAMMAD IBRAHIM LAKHIAR AND TASNEEM AHMAD SIDDIQUI, MEMBERS

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S. M. GHALIB HYDER

VS

THE CHIEF SECRETARY TO GOVERNMENT OF SIND, KARACHI AND 4 OTHERS

Law:

Section:

(a) Sind Service Tribunals Act (XV of 1973)- -- S. 4(b)-Jurisdiction of Tribunal - Appellant promoted from Grade-17 to Grade-18 post on ad-hoc basis against vacancy reserved for direct recruitment till a direct recruit selected by Public Service Commission-Promotion vacancy occurring and appellant while continuing on ad-hoc appointment recommended by Departmental Selection Committee to regularise against such vacancy but recommendation not approved by Government and appellant continuing on ad-hoc basis-Appellant and three others senior to him subsequently taken by D. P. C. for regular promotion and while three seniors cleared - and promoted appellant not considered because of availability of only three vacancies-Appellant cleared by D. P. C. subsequently when next vacancy became available and promoted on regular basis-Appellant's contention that having been continuing on ad-hoc basis should be considered as regularised and confirmed as being in continuous officiation from date when promotion vacancy had become available-Order­ing promotion of appellant on officiating basis or regular basis, in circumstances, held, outside powers of Tribunal and it was discretion of Government to accept or reject recommendations of D. P. C.­ Period of ad-hoc held, not reckonable towards seniority. Khushi Muhammad's case P L D 1970 S C 203 ref. Saifuddin v. Secretary to Government of Punjab 1982 S C M R 877 rel. (b) Civil service- -- Promotion-Seniority in higher scale - Mere recommendations of Departmental Selection Committee for promotion-Does not create any right-Government not bound by such recommenda­tion-Officer promoted on ad-hoc basis and while continuing on ad-hoc basis recommended by D. P. C. for regular promotion ­Such recommendations not approved by Government - Claim for seniority in higher scale on basis of such recommendation of D. P. C., held, rightly rejected. Manzoor Ali Khan for Appellant. Naimatullah Qureshi for Respondents Nos. 4 and 5. Hassan Akbar A. A.-G. for the State. Date of hearing : 17th March, 1985. JUDGMENT MUSHTAK ALI KAZI (CHAIRMAN).--These are two connected appeals filed by the appellant, a Grade-18 officer in the Department of Agriculture,…
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