Case Details

Citation(s)
1987 SLG 1285 1987 SLD 1285 1987 PLC 642
Service Tribunal, Sindh
Appeals No. 62 to 64 of 1984, decided on 11th March, 1987.
MUNAWAR ALI KHAN, CHAIRMAN, A. Q.QAZI AND MANZOORUL HAQ EFFENDI, MEMBERS

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HAIDER ABBAS RIZVI and 2 others

VS

CHIEF SECRETARY, GOVERNMENT OF SIND and 2 others

Law:

Section:

(a) Sind Service Tribunals Act (XV of 1973)-- ---S.4, proviso (b)--Sind Civil Servants Act (XIV of 1973), S.23-­Promotion--Cancellation of promotion order--Appeal before Tribunal-­Appellant promoted after clearance by Departmental Promotion Committee--Promotion order cancelled--Promotion order issued afresh after about 2 years with clearance of Departmental Promotion Committee--Appellant claiming promotion from date of previous order-­Appeal, held, not involving determination of fitness for promotion-­Objection to its maintainability and being hit by S.23 of Sind Civil Servants Act, 1973 and proviso (b) of S.4 of Sind Service Tribunals Act, 1973, repelled. (b) Sind Service Tribunals Act (XV of 1973)-- ---S.4--Appeal--Limitation begins from date of knowledge of order giving cause of grievance--Appellant a School Teacher posted as Headmaster in his own pay and grade, but subsequently promoted as Headmaster--Promotion order, held, in abeyance and subsequently cancelled but appellant continued posted as Headmaster--Fresh promotion order issued after about 2 years--Claim in appeal before Tribunal for being promoted as Headmaster from date of first promotion orders--Publication in Government Gazette of orders regarding cancellation of first promotion order, in circumstances carried presumption of its knowledge and cause of grievance arose from date of such order and subsequent promotion order could not be, held, to give any grievance to appellant--Appeal not filed within limitation period calculated from date of order of cancellation of first promotion order, held, was time-barred. (c) Sind Civil Servants Act (XIV of 1973)-- ---S.18, First proviso--Pay--School Teacher posted as Headmaster in own pay and grade--Continuing performing duties and promoted as Headmaster after about 2 years--Service Tribunal, in circumstances, recommending that suitable amount be fixed as special/ additional pay for Intervening period during which he performed duties of higher post without being promoted. M.A. Muatti Siddique for Appellants. Abdul Ghafoor Mangi A.A.-G. for the Government. Date of hearing: 1st March, 1987. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--Three Appeals Nos.62, 63 and…
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