Law:

Section:

Sind Service Tribunals Act (XV of 1973)-- ---S. 4--Reversion--Legality--Appellant civil servant senior to non-official respondents in the cadre--Authority's order was that junior-most be reverted and in his place a nominated person be promoted--Appellant civil servant being the senior one, orders of his reversion were set aside by Service Tribunal. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--This appeal has arisen from the order of the Deputy Director, Agriculture, District Khairpur, dated 27-2-1988 whereby the respondent Gullan was promoted as Budder displacing the appellant Meharali who was reverted as Malhi, on the ground of his being junior most Malhi. The appellant challenged the said order in departmental appeal and after waiting in vain for a period of 90 days he filed the present appeal. The appellant's case as disclosed in the memo. of appeal, is that he had done Matric when he was appointed as Malhi (BS-1) on 16-6-1978. The respondents Gullan, Mahboobali and Allah Dino were inducted in the similar posts on 13-4-1964, 17-11-1970 and 7-1-1969 respectively. However, due to his satisfactory performance, the appellant was promoted to the post of Budder (BS­5) with effect from 29-7-1979. Although respondent Mahboobali was raised to such post earlier on 17-4-1976 yet he lost his seniority in the cadre of Budders on 18-8-1982 when he got himself appointed as Crop Reporter/Field Assistant which was a different cadre. His subsequent return to the post of Budder on 5-9-1984 did not alter the seniority position of the appellant in the said cadre. The said respondent was once again reverted as Malhi for a brief period of nearly two months s(from 4-2-1987 to 8-4-1987). Subsequently on acceptance of the appeal preferred by the appellant, the respondent Mahboobali was again reverted as Malhi from 28-10-1987. In this way the appellant claims seniority over respondent Mahboobali in the cadre of Budders. As regards respondent Allahdino the appellant's case is that he was illiterate and untrained Malhi and as such he was promoted as Budder very late on 18-8-1982. Thereafter he was reverted as Malhi on 5-9-1984 and continued m that capacity until 4-2-1987 when he was again…

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