Law:

Section:

(a) Sind Civil Servants (Appointment, Promotion and Transfer) Rules, 1974-- ---S.8-A(2)--Promotion on "acting charge basis" with stipulation that after specified time such promotion to be deemed as regular--Effort--Such specified time having expired, promotion of civil servant would become regular automatically requiring no fresh notification--Civil servant's promotion on recommendation of Departmental Promotion Committee and approved by competent authority was neither on ad hoc basis nor on officiating basis but on regular basis. P L D 1985 S C 159; Muhammad Ibrahim v. Government of Pakistan P L D 1972 S C 332 and Mahmoodul Hassan v. Islamic Republic of Pakistan P L D 1973 Lah. 411 ref. (b) Sind Civil Servants Act (XIV of 1973)-- ---Ss. 12 & 23--Sind Civil Servants (Efficiency and Discipline) Rules, 1973, Rr. 5 No --Sind Service Tribunals Act (XV of 973), S.4--Reverision Requirement---Reversion could not be effected where civil servant was neither ad hoc, nor temporary nor officiating--Civil servant promoted on regular basis in prescribed manner fulfilling all qualifications necessary for such promotion, had acquired a vested right which could not be taken away, without giving him a show-cause notice--Order of reversion without show-cause notice suffered from serious legal infirmity and was thus set aside in appeal. PLD1969SC407ref. (c) Sind Civil Servants Act (XV of 1973)-- ---Ss. 12 & 23--Sind Service Tribunals Act (XIV of 1973), S.4--Appeal against reversion--Bar of jurisdiction, plea of--Where a civil servant had been reverted rightly or wrongly, implied application of S.12 of Act XV was envisaged--Civil servant having not sought relief for any promotion on which jurisdiction of Service Tribunal was certainly barred but when sought remedy against his reversion, provisions of S.23, Civil Servants Act were not attracted and Tribunal had jurisdiction to grant relief. Naimatullah Qureshi for Appellant. Abdul Saeed Ghori State counsel for the Government. Date of hearing: 12th May, 1988. JUDGMENT DR. A.Q.QAZI (MEMBER).-This order shall govern and dispose of Appeal No. 30 of 1987 whereby Inspector Ghulam Abbas Bugti has prayed that the orders reverting…

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