Law:

Section:

(a) Sind Service Tribunals Act (XV of 1973)-- ---S.4--Sind Civil Servants Act (XIV of 1973), Ss.8 & 9--Seniority-­Seniority list challenged by civil servant--During pendency of appeal such list rectified by Authority and civil servant promoted--Seniority list against which appeal was filed being no longer in existence, appeal of civil servant, held, would become infructuous. (b) Sind Civil Servants Act (XIV of 1973)-- ---S.8 & 9--Seniority--Seniority alone, held, was no criterion for promotion which was made on basis of seniority-cum-fitness. (c) Sind Service Tribunals Act (XV of 1973)-- ---S.4--Jurisdiction--Promotion-Service Tribunal, held, had no jurisdiction to go into question of relative fitness for promotion. Appellant present in person. Abdul Ghafoor Mangi, A.- A.G. for the Government. Date of hearing: 27th November, 1986. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--Under the instructions of the Chief Secretary, Government of Sind„ Mr. Abdul Ghafoor Mangi, Assistant Advocate-General, Sind has submitted a statement in writing mentioning therein that as the appellant has been promoted to BS-20 on regular basis vide Notification No. S.O. I.(S&GAD)-3/81/75, dated 20-11-1986 his appeal has become infructuous. The appellant as well as the learned counsel for respondent Abdul Aziz Ashrafi were heard not only with regard to the implications of the learned A.-A.G.'s statement but also on merits of the case. For the purpose of appreciating the arguments of the parties it would be useful to reproduce the appellant's prayer as contained in the memo. of appeal. It reads as under:- "In view of the facts and circumstances as mentioned above it is prayed that the impugned order contained in the Government of Sind S&GAD's Notification No. SO-V (S&GAD)-1-6/73 dated 19th February, 1977 be cancelled and the Seniority List of former PCS (E.B) officers of Hyderabad and Khairpur Divisions, compiled and published by S&GAD, West Pakistan in 1970 be declared skid treated as the only valid and legally operative Seniority List of former P.C.S. Officers or any other relief conceding the appellant his due and rightful position in the seniority via-a-via his…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492