Case Details

Citation(s)
1992 SLG 1150 1992 SLD 1150 1992 PLC 1157
Service Tribunal, Punjab
Appeal No. 97 of 1989, decided on 29th July, 1991.
MUNAWAR ALI KHAN, CHAIRMAN AND GHULAM MUJADID ISRAN, MEMBER

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1992 P L C (C.S.) 1157 AHSANULLAH A. MEMON

VS

1992 P L C (C.S.) 1157 AHSANULLAH A. MEMON vs

Law:

Section:

(a) Civil service--- ---- Appeal---Maintainability---Civil servant had challenged in appeal Department's notification according to which respondent civil servant was permanently absorbed in Department retrospectively---Civil servant had apprehended that said notification had effect of making respondent senior to him---Notification admittedly did not even remotely make a mention of civil servant's name, thus it had absolutely no linkage with civil servant nor it had caused violation of his terms and conditions of service---Fear of civil servant that said notification posed positive threat to his service, might be quite genuine, but unless it had actually disturbed his seniority by way of adverse entries in seniority list or by such other step taken in the light of that notification, cause of action could not be held to have accrued to him--­Howsoever imminent may be fear of future, it could not provide basis for launching litigation---Notification challenged by civil servant in appeal admittedly having not provided him any cause of action, appeal was not maintainable. (b) Sindh Civil Servants Act mV of 1973)--- ----S.8---Sindh Civil Servants (Appointment, Promotion, Transfer) Rules, 1974, R.7---Sindh Civil Servants (Promotion, Confirmation and Seniority) Rules, 1975, Rr. 10 & 12---Seniority---Respondent civil servant who was working in University, was posted in same capacity on deputation for a period of two years in Education Department where subsequently he was permanently absorbeds from date he joined it on deputation---Permanent absorption of civil servant admittedly was never referred to relevant Departmental Promotion Committee nor said Committee had given its approval for his appointment---Seniority to be determined from date of regular appointment of civil servant according to be rules---Seniority of civil servant who was transferred on deputation to Education Department, could not be reckoned from date of his permanent absorption which was made without recommendation of Departmental Promotion Committee. (c) Words and phrases--­ ----Compensate---Meaning---Compensate means to make amends for, or to recompense; to counter-balance; to make up. (d) Sindh…
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