| Citation(s) |
|---|
| 1986 SLG 1006 1986 SLD 1006 1986 SCMR 1854 |
Supreme Court of Pakistan
Civil Petitions Nos. 363-K, 364-K and 365-K of 1985, decided on 24th August, 1986., (From the order of the Sind Service Tribunal, Karachi, dated 23-5-1985 passed in S.A. Nos. 5, 8 of 1981 and 11 of 1982).
MUHAMMAD AFZAL ZULLAH, S. A. NUSRAT AND ALI HUSSAIN QAZILBASH, JJ
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Civil Petitions Nos. 363-K, 364-K and 365-K of 1985, decided on 24th August, 1986., (From the order of the Sind Service Tribunal, Karachi, dated 23-5-1985 passed in S.A. Nos. 5, 8 of 1981 and 11 of 1982).
MUHAMMAD AFZAL ZULLAH, S. A. NUSRAT AND ALI HUSSAIN QAZILBASH, JJ
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PROVINCE OF SIND through Chief Secretary and anothers
VS
ALI ANWAR SHEIKH and others
Law:
Section:
Constitution of Pakistan (1973)-----Art. 212(3)--Sind Service Tribunals Act (XV of 1973), S. 4-Sind Civil Servants (Confirmation and Seniority) Rules, 1975--Petition for leave to appeal--Petitioners counsel unable to controvert position taken by State Counsel before Service Tribunal that Sind Civil Servants (Confirmation and Seniority) Rules, 1975 were not applicable to cases in hand--Attempt was also made by petitioners counsel to secure leave to appeal on strength of a leave granting order made in another case but there existed no similarity between cases in hand and case in which leave was granted--Leave to appeal refused in circumstances. Abdul Sattar Sheikh, Additional Advocate-General for Petitioners. Muzaffar Hassan, Advocate-on-Record for Respondent No. l (in C.P. 363-K of 1985). Date, of hearing: 24th August, 1986. ORDER ALI HUSSAIN QAZILBASH, J.--The Province of Sind through the Chief Secretary has sought leave to appeal against the order of the Sind Service Tribunal, Karachi, dated 23-5-1985, whereby the appeals of Anwar Ali Sheikh, Dhani Bux Soomro and A.H. Mirza were allowed and it was held that they were entitled to draw pay in Grade-17 from the date of their promotion. 2. The brief facts are that Anwar Ali Sheikh, Dhani Bux Soomro and A.H. Mirza were holding the posts of Industrial Development Officers, Grade-16, in the Directorate of Industries, Sind. The Government of West Pakistan through its notification, dated 13-6-1970 in the Industries and Mineral Development Department sanctioned the creation of 23 posts of Assistant Directors in Grade-17 in the Sind Industries Unit. On the basis of the above notification the Government of Sind ordered the promotion of the above respondents from Grade-16 to Grade-17 on temporary basis, vide notification, dated 28-5-1971 and their cases were sent to the Public Service Commission on 27-11-1972 for regularization. When the cases of the above respondents were pending consideration, the Sind Public Service Commission Act was promulgate and the promotion cases of the Assistant Industrial Development Officers were withdrawn from the purview of the Public Service Commission and entrusted to the Departmental…
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