Case Details

Citation(s)
1995 SLG 1510 1995 SLD 1510 1995 PLC 882
Service Tribunal, Sindh
Appeals Nos. 129 and 130 of 1993, decided on 29th September, 1994.
MUNAWAR ALI KHAN, CHAIRMAN, GHULAM ABBAS SOOMRO AND S. NASIM HAIDER, MEMBERS

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Syed ZAHID ALI and others

VS

Law:

Section:

Sindh Civil Servants Act (XIV of 1973)--- ----Ss. 8 & 9---Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1973, R.10(1)---Seniority---Determination of---Civil servants who initially joined Department as inspectors, subsequently were promoted as "Assistant Registrar" on adhoc basis and their adhoc promotions ultimately were regularised on recommendations of Departmental Promotion Committee in 1977---Co-civil servants were inducted in cadre of Assistant Registrars as direct selectees of Public Service Commission in 1981---Civil servants, according to first seniority list issued in 1982 were shown senior to co-civil servants, but in subsequent seniority list issued after 5 years from first list seniority position of civil servants was downgraded as their names were placed below the names of co-civil servants and civil servants had-challenged that position---Seniority of civil servants according to law was to be reckoned from date of their regular appointment--Civil servants who were promotees would count their seniority from date of regularization of their adhoc promotion which was 19-9-1977 whereas co-civil servants who were selected by Public Service Commission would count their seniority from date' of their appointment which was in year 1981--Date of cavil servant's regular appointment being earlier than that of co-civil servants, civil servants would be senior to co-civil servants, in circumstances. Federation of Pakistan v. Azmali 1985 SCMR 386 rel. Shabbir Ahmed Shaikh for Appellants. Abdul Latif Ansar AA: G. for Respondents. Date of hearing: 29th September, 1994. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN). ---Two appeals bearing Nos.129/93 and 130/93 which are respectively filed by Syed Zahid Ali and Miss Hameeda Akhtar involve identical questions of law and fact and are therefore disposed by this single judgment. These appeals have arisen from the-dispute between the above two appellants and private respondents, Nasirul Haque and Kausar Naseem over seniority in the cadre of Assistant Registrars (BPS-16). The appellant's case is that they joined Cooperation Department of Sindh Government as Inspectors. They were subsequently promoted as…
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