| Citation(s) |
|---|
| 1985 SLG 2244 1985 SLD 2244 1985 PLC 918 |
Service Tribunal, Sindh
Appeal No. 24 of 1984, decided on 20th May, 1985.
MUSHTAK ALI KAZI, CHAIRMAN, MUHAMMAD IBRAHIM LAKHIAR AND TASNEEM AHMAD SIDDIQUI, MEMBERS
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Appeal No. 24 of 1984, decided on 20th May, 1985.
MUSHTAK ALI KAZI, CHAIRMAN, MUHAMMAD IBRAHIM LAKHIAR AND TASNEEM AHMAD SIDDIQUI, MEMBERS
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NAZIR HUSSAIN
VS
SECRETARY TO GOVERNMENT OF SIND, EDUCATION DEPARTMENT AND ANOTHER
Law:
Section:
(a) Martial Law Order [M.L.A. Zone 'C']- --No. 55-Ad hoc appointments regularization-Appointment made through initial recruitment not according to prescribed method without obtaining clearance of Selection or Promotion Board or Committee-Within purview of M. L. O. 55-Appointment of person already in service in Grade-16 made in 1973 Grade-17 on ad hoc basis subject to approval of Provincial Education Recruitment Board but same never obtained and appointment extended from time to time Case, in circumstances, field, within purview of M. L. O. 55Select Committee under M. L. O. 55 considering appointee not fit for post held in Grade 17 because of not possessing prescribed qualifications and recommending for reversion to Grade-16 post-Competent authority reverting him to his substantive post in terms of recommendations of Selection Committee under para. 6(i) & (fi) of M. L. O. 55-Contention that appointee having been appointed to Grade-17 by initial recruitment and not by promotion could not be reverted to his substantive appointment - Contention repelled-Competent authority, held, could appoint such person to a lower post or different post instead of terminating his services under para. 7 of M. L. O. 55. (b) Martial Law Order [M.L.A. Zone `C']- --No. 55-Ad hoc appointments-Regularisation of-Time limit-Applicable to scrutiny of cases and not to resulting action after scrutiny-Period of 90 days for scrutiny extended upto 30th September, 1978-Review finalised before 30th September, 1978-Reversion order in pursuance of recommendations of Selection Committee issued in 1983-Contention that application of M. L. O. 55 had till then expired-Contention repelled-Review having been finalised before 30th September, 1978 resultant reversion order, in circumstances, held, perfectly legal and valid. (c) Martial Law Order [M.L.A. Zone 'C']- --No. 55-Sind Service Tribunals Act (XV of 1973), S. 4-Provisional Constitution Order (1 of 1981), Art. 15(2)-Jurisdiction of Service Tribunal - Order of reversion passed in pursuance of review under M. L. O. 55 - Not within jurisdiction of Tribunal. Imdadally Agha for Appellant. A. A. Muhammedally, A.-A. G. for Respondents. Date of…
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