Law: Sindh Service Tribunals Act, 1973

Section: 4

Sind Service Tribunals Act (XV of 1973)—   ---S.4--Sind Civil Servants (Appeal) Rules, 1975--Sind Government Rules of Business, 1973, R.17-A--Appeal--Appellant appointed to a post in cadre of Provincial Civil Service (Executive Branch) in NPS-17; his appeal before Service Tribunal dismissed on ground that he had not filed a departmental appeal against original order before proper authority i.e. Martial Law administrator possessing power of Chief Minister--Office of Chief Minister having been abolished during operation of Martial Law and relevant rules having not been amended at time when appellant made representation, vesting power of Chief Minister with Martial Law administrator, filing of representation by appellant with Chief Secretary, who was to forward same to competent authority in accordance with prevailing instructions, held, suffered from no legal infirmity--Appeal before Tribunal as such could not properly be held to be not maintainable--Case remanded to Service Tribunal for a fresh decision according to law. ORDER ZAFFAR HUSSAIN MIRZA, J.--This appeal is directed against an order passed by Sind Services Tribunal, Karachi, dated 3rd September, 1980, whereby the appeal filed by the appellant under section 4 of the Sind Service Tribunals Act, 1973, was dismissed on a preliminary point, that the appeal was incompetent since the appellant, before approaching the Tribunal had not filed a departmental appeal against the original order before the proper authority. 2. The appellant was appointed to a post in the cadre of Provincial Civil Service (Executive Branch), in National Pay Scale No.17, on 6th April, 1973. Subsequently Government issued another Notification dated 1st July, 1975, purporting to promote the appellant as Assistant Commissioner Grade-17 on regular basis with effect from 1st July, 1975. Since the appellant was claiming to have been appointed on regular basis with effect from the date of the first mentioned notification i.e. 6th April, 1973, he made a representation to the Chief Secretary against the second notification. Before, however, any decision could be given on the representation, by yet another notification dated 29th July,…

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