Case Details

Citation(s)
1987 SLG 1033 1987 SLD 1033 1987 PLC 166
Service Tribunal, Punjab
Appeals Nos. 12 to 16 of 1986, decided on 5th August, 1986.
MUNAWAR ALI KHAN, CHAIRMAN

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TUFAIL AHMAD MEMON and 4 others

VS

GOVERNMENT OF SIND and 6 others

Law:

Section:

Sind Service Tribunals Act (XV of 1973)-- --S. 4, proviso (a)--Sind Civil Servants Act (XIV of 1973), S. 22-­Notification NO.S.O.11(S&GAD) -Court- 1-11-1985--Appeal before Tribunal--Mandatory requirement--Impugned order passed on appeal; representation of respondents at back of appellants--Effect--Held: (1) since appellants were aggrieved by impugned order for the first time it was an original order and required to be challenged by them in departmental appeal, review or representation--Impugned order admittedly not challenged before any departmental authority, appeal before Tribunal. held, was hit by proviso (a) to S. 4 of Sind Service Tribunals Act, 1973 and was not maintainable. Manzoor Ali Khan for Appellants. Date of hearing: 5th August, 1986. ORDER This order will govern Appeals Nos.12, 13, 14, 15 and 16 of 1986 as the common points of law and fact are involved in these appeals. After hearing Mr. Manzoor Ali Khan on behalf of appellants, all the said appeals were dismissed in limine by short order dated 3-8-1986 for reasons to be recorded separately. Following are the reasons in support of the said short order. 2. The appellants were promoted as Senior Civil Judge/Assistant Sessions Judges superseding the respondents Messrs Gul Muhammad Bhatti, Qamar Ahmad Shaikh, Ali Nawaz Pirzada and Abdul Razzak Ansari and Miss Yasmeen Abbasi vide Sind Governments Notification No.S.-II-(S&GAD) Court 1-6-1982 dated 14th July, 1982. Aggrieved by this notification, the respondents who were senior to the appellants in the cadre of Civil Judges made representation to the Government, which was accepted and Notification No.S.O.II(S&GAD)-Court-1-11-1985 dated 16th January, 1986 was issued allowing them the benefit of rule 1300 of the Sind Civil Servants (Probation, Confirmation and Seniority) Rules, 1975. In other words their inter se seniority vis-a-vis the appellants in the lower cadre of Civil Judges was retained even in the higher cadre of Senior Civil Judges. It is this Notification which has been impugned in the above appeals. 3. It is an admitted position that as required by proviso (a) to section 4 of the Sind Service Tribunal Act. 1973 (hereinafter referred…
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