Law:

Section:

(a) Sind Service Tribunals Act (XV of 1973)-- ---S. 4--Appeal against provisional seniority list--Maintainability of--To warrant jurisdiction, of Service Tribunal, final, original or appellate order of Authority, held, would be necessary--Appeal would not lie against a position assigned to civil servant in provisional list. S.H.M. Rizvi v. Maqsood Ahmad P L D 1981 SC 612 rel. (b) Sind Civil Servants (Probation, Confirmation and Seniority) Rules, 1975)-- ---R.10--Award of selection grade--Requirement for--Award of selection grade, held, was not wholly and strictly on basis of seniority-­Efficiency, competence and merit of civil servant would mainly determine award of selection grade. (c) Sind Civil Servants Act (XIV of 1973)- ---S. 8--Sind Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, R. 9--Three delayed provisional seniority lists issued by Authority without finalizing any of such lists during course of a year--Service Tribunal observed with regret Authority's lapse in this behalf and hoped it would conform to legal requirements in future. JUDGMENT DR. A. Q. QAZI (MEMBER).--This order shall govern and dispose of Appeals Nos. 17, 18, 19, 20 and 21 of 1986. All the appellants were High School Teachers of the Nationalised High Schools and have challenged following two orders. The seniority list of the Head Masters Grade-17, Government (Nationalised) High Schools of Hyderabad Region Hyderabad Sind, issued vide Government of Sind Notification No. S.O. (E.IV) Misc. 41/78; dated 7th February, 1985 and an Order No.S.I.(E-IV) Misc. 79 dated 29th September, 1985 in which (the subsequent order) some of the teachers of the Nationalised Schools of Grade-17 of the Directorate of School Education Hyderabad Region have been awarded Selection Grades. 2. Before we enter the discussion on facts and law, it would be appropriate to give a case history to all these appeals. Appellants were teachers of Private High Schools of Hyderabad Region (in loose context) when policy of Nationalisation was announced and all the private schools were taken over under MLR-118 promulgated in 1972 for that purpose. It is the claim of the appellants that their position in the…

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