| 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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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-Ã -vis respondents Nos. 3 to 11 and order/direct that the appellant be assigned seniority in the cadre of Agricultural…
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