Law:

Section:

(On appeal from the dated 23-2-1993 of the Sindh Service Tribunal, Karachi in Appeal No.27 of 1992). (a) Sindh Civil Servants (Regularization of Adhoc Appointment) Act (VII of 1989)--- ---S. 5---Constitution of Pakistan (1973), Art. 212(3)---Leave to appeal was granted to consider whether on transfer from one department to another, on the recommendation of Departmental Promotion Committee, a civil servant had better right to seniority than the other, who was regularised under provisions of Sindh Civil Servants (Regularisation of Adhoc Appointment) Act, 1989. (b) Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975--- ---R. 12(b)---Constitution of Pakistan (1973), Art 212(3)---Leave to appeal was granted to consider whether order of retrospective seniority of a civil servant, from the date of his appointment who on his own request, was appointed on transfer in another department, was violative of R. 12(b) of Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975. (c) Sindh Civil Servants (Appointment, Probation and Transfer) Rules,1974--- ---R. 7----Constitution of Pakistan (1973), Art 212(3)---Transfer to other department---Leave to appeal was granted to consider whether civil servant on transfer to another department on the recommendation of Departmental Promotion Committee after fulfilment of requirements of Sindh Civil Servants (Appointments, Promotion and Transfer) Rules, 1974 could be denied benefit of seniority from the date in the new department. (d) Sindh Civil Servants Act (XIV of 1973)--- ---S. 24---Constitution of Pakistan (1973), Art 212(3)---Leave to appeal was granted to consider whether Service Tribunal was competent to set aside order passed under S.24 on the ground that statutory provision was not mentioned in the order impugned before it. (e) Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975--- ---R. 12---Appointment by transfer---Seniority---If appointment by transfer is on the request of appointee, he shall rank junior to all other persons appointed before him on the regular basis. Rule 12 of the Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, provides…

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