Law:

Section:

Sindh Service Tribunals Act (XV of 1973) ----S. 4---Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, R. 12---Seniority, entitlement of---Seniority position enjoyed by appellants for decades, was disturbed by Authorities without giving appellants opportunity of showing cause against proposed action---Appellants who after enjoying seniority for decades had acquired some right over it, held, could not be divested of same by a single stroke of pen and without affording them opportunity of furnishing their explanation---Action of downgrading appellants' seniority, being capricious, arbitrary and amounting to unnecessary harassament to appellants, was not sustainable. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--By this judgment we propose to dispose of two appeals No. 29 of 1988 filed by Mr. Ghulam Rasool and No. 30 of 1988 filed by Mr. Faiz Muhammad. The issues involved in these appeals are identical. The appellants are Primary Teachers serving in Larkana District, They began their service career in other districts: appellants Ghulam Rasool was appointed as Primary Teacher at Karachi on 21-8-1951 whereas appellant Faiz Muhammad was inducted an the such post in Sanghar District whereas 5-7-1954. They were subsequently transferred to their home District, Larkana. Appellant Ghulam Rasool resumed his duties in the said District on 18-10-1958 and appellant Faiz Muhammad joined there on 8-4-1964. Their seniority vis­ a-vis other Primary Teachers of Larkana District was computed from the dates of their initial appointment. As disclosed by appellant Ghulam Rasool in his memo of appeal; his name appeared at S.No. 782 amongst the S.V. Teachers in the seniority list of 1970 vide Letter No. 15050-57, dated 7-2-1970 of District Inspector of Schools, Larkana. Following the creation of sub-divisions in 1972, fresh seniority list prepared at the sub-divisional level reflected his name at S.No. 272. Thereafter, in the three seniority lists issued one after the other in 1986, and in February and March, 1987 the name of the said appellant was placed at S.Nos. 24, 17 and 13 respectively. On the basis of seniority so determined, he was also awarded selection grade in…

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