Law:

Section:

(a) Sindh Civil Servants Act (XIV of 1973)----- ----S. 24---Constitution of Pakistan (1973), Arts. 185(3), 199 & 212---Inter se seniority---Leave to appeal was granted by Supreme Court to consider as to whether High Court was justified in entertaining and allowing the Constitutional petition under Art. 199 of the Constitution in presence of Art.212 of the Constitution. (b) Sindh Civil Servants Act (XIV of 1973)--S. 24---Constitution of Pakistan (1973), Arts. 199 & 190---Powers of Government under S. 24, Sindh Civil Servants Act, 1973---Scope---Inter se seniority---Constitutional petition before High Court under Art. 199 of the Constitution---Maintainability---Supreme Court in another round of litigation had already dismissed petition for leave to appeal of the civil servant (appellant) wherein he had challenged the seniority of other civil servant (respondent), specifically observing that he (respondent) having been appointed earlier to the appellant in a regular manner was entitled to be reckoned senior to the appellant whose appointment was regularised long afterward and held that respondent was senior to the appellant---Such order of the Supreme Court having been nullified by resorting to the plenary powers available to the Government under S. 24, Sindh Civil Servants Act, 1973, Constitutional petition by respondent civil servant before High Court against that order was maintained, as in special facts and circumstances of the case, bar of Art. 212 of the Constitution was not attracted---Respondent in his Constitutional petition under Art. 199 of the Constitution; in effect sought a direction from the High Court against the Government not to ignore or bypass the order of Supreme Court finally reckoning the inter se seniority of the parties and to act in aid of the Supreme Court as enjoined by Art. 190 of the Constitution. Though section 24 of the Sindh Civil Servants Act, 1973 gives powers to the Government to deal with the case of any civil servant in such manner as may appear to be just and equitable, in the present case, the highest judicial authority in the country viz. Supreme Court had not found established by right of the appellant and,…

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