Case Details

Citation(s)
1989 SLG 1243 1989 SLD 1243 1989 PLC 313
Service Tribunal, Sindh
Appeal No. 63 of 1985, decided on 15th September, 1988.
MUNAWAR ALI KHAN, CHAIRMAN, DARGAHI L. MANGI AND DR. A.Q. QAAI, MEMBERS

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MUHAMMAD ABDUL SATTAR QURESHI

VS

THE CHIEF SECRETARY TO GOVERNMENT OF SIND and 10 others

Law:

Section:

(a) Sind Civil Servants (Probation, Confirmation and Seniority) Rules, 1975.- ---R. 13--Sind Service Tribunals Act (XV of 1973), S. 4--Tentative Seniority List-Departmental appeal against such list filed beyond period of limitation-­Competency of appeal before Service Tribunal--Seniority list being tentative on, has yet to he finalised--Service Tribunal can exercise its jurisdiction only when appeal is brought before it against final order--Belated appeal filed before Authority against seniority list cannot be treated as departmental appeal--Such Authority has no power to extend the period of limitation--Appeal against tentative seniority list would thus be incompetent. S.M.H. Rizvi v. Maqsood Ahmad P L D 1981 S C 612 rel. (b) Sind Civil Servants (Probation, Confirmation and Seniority) Rules, 1975- ---R. 13--Notification No. 1(79)S.O. (A.III)78-Eng., dated 15-9-1982--Sind Service Tribunals Act (XV of 1973), S.4--Notification dated 15-9-1982--Vires of-­Notification could be held invalid only if it was shown to be inconsistent with the law/Rules under which it was issued or was in any way ultra vires of the Constitution--Merely because civil servant was likely to be adversely affected in future when his turn came fur promotion, was no reason to strike down such notification as illegal and inoperative--Civil servant, however, was not shown to be adversely affected by the notification with regard to his future prospects of promotion----Appeal being devoid of merit was dismissed in circumstances. x JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--The appellant Muhammad Abdul Sattar Qureshi, has filed the present appeal with prayer contained in para. 22 of the memo of appeal, which reads as under- "22. The appellant prays that the` Honourable Tribunal maybe pleased to:- (a) admit the appeal; (b) call for from respondents Nos. l and 2 the record relevant to the points in issue in this appeal; (c) after hearing the parties, set aside the seniority list dated 16-3-1983 so far as it relates to assignment of seniority position of the appellant vis-à-vis respondents Nos. 3 to 11 and order/direct that the appellant be assigned seniority in the cadre of Agricultural…
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