| Citation(s) |
|---|
| 1989 SLG 1643 1989 SLD 1643 1989 PLC 909 |
Service Tribunal, Sindh
Appeal No. 77 of 1987, decided on 6th March, 1989.
MUNAWARALI KHAN, CHAIRMAN AND MUBEEN AHMAD, MEMBER
Usman,Ghani Rashid for Appellant. Imdad Hussain Kazi, Government Counsel for
Respondents.
Appeal No. 77 of 1987, decided on 6th March, 1989.
MUNAWARALI KHAN, CHAIRMAN AND MUBEEN AHMAD, MEMBER
Usman,Ghani Rashid for Appellant. Imdad Hussain Kazi, Government Counsel for
Respondents.
Syed SHUJAAT ALI
VS
CHIEF SECRETARY, GOVERNMENT OF SIND and others
Law:
Section:
(a) Civil service-- ---Seniority list--Formula followed by Government in preparing the seniority list was although not formulized by way of bringing it in the shape of rules; yet such omission would not render the whole exercise of preparation of seniority list, as null and void. (b) Civil service-- ---Seniority, reckoning of--When any notification of initial appointment or promotion is issued, invariably the appointee or promotee does not resume charge of his new assignment on the date of notification--in some cases such appointees or promotees resume duties after a long gap--Seniority, however, is reckoned from the date of appointment/promotion and not from resumption of duties--Appointment/promotion of civil servant and persons proceeded against having been made on the same date, they would he deemed to have been inducted in a certain grade froth the same date, in spite of different dates of resumption of duties. (c) Civil service-- ---Seniority list--As per formula adopted by the Government for determining seniority of teachers same was to be fixed on the basis of length of service and date of acquisition of teaching degree--According to such formula, civil servant, being senior to three of the respondents, such respondents could not be made senior to civil servant both in lower cadre of teachers as well as in the higher cadre of Headmasters--Civil servant's appeal against such order was thus partly allowed. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--By this appeal, the appellant Syed Shujaat Ali, who is Headmaster of High School, has challenged the seniority list 'of the Headmasters (BS-17)of Nationalized High Schools of Hyderabad Region issued on 14th May, 1987 in relation to the seniority position assigned to him in the said seniority list. Although he claims to be senior to all the private respondents mentioned m his memo. of appeal, yet his name appears below their names in the impugned seniority list. In brief the appellant's case is that prior to appearance of the impugned seniority list several seniority lists were issued from time to time. The tentative seniority list issued by Secretary Education, Government of Sind on 1-1-1980 was never finalized…
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