| Citation(s) |
|---|
| 1991 SLG 1606 1991 SLD 1606 1991 PLC 465 |
Service Tribunal, Sindh
Appeal No. 92 of 1977, decision dated: 20-09-1990.
MUNAWAR ALI KHAN, CHAIRMAN, TASNEEM AHMAD SIDDIQUI AND GHULAMMUJADDID IMRAN, MEMBERS
Muhammad Saleh Memon for Appellant. Abdul Ghafoor Mangi. Addl A.-C.- for
Respondent
Appeal No. 92 of 1977, decision dated: 20-09-1990.
MUNAWAR ALI KHAN, CHAIRMAN, TASNEEM AHMAD SIDDIQUI AND GHULAMMUJADDID IMRAN, MEMBERS
Muhammad Saleh Memon for Appellant. Abdul Ghafoor Mangi. Addl A.-C.- for
Respondent
ABDUL HAQ AFGHAN
VS
CHIEF SECRETARY TO GOVERNMENT OF SINDH
Law:
Section:
West Pakistan Civil Service (Executive Branch) Rules, 1964--- ----R.9.3----Promotion of Mukhtiarkar (appellant) to PCS (Executive Branch)--Seniority---Appellant a Mukhtiarkar promoted alongwith others to PCS (Executive Branch) w.e.f. 1-7-1973 on regular basis and a notification to this effect was issued---Appellant, in fact, had already been promoted w.e.f. 6-4-1973, and a notification to that effect had already been issued but appellant was aggrieved by his subsequent promotion given effect to with issuance of another notification dated 1-7-1973---Appellant challenged said notification before Chief Secretary and pending decision thereof, an identical case of another officer was decided by Service Tribunal---Instead of challenging this decision before Supreme Court same was given effect to by Government and appellant's promotion was declared as on ad hoc basis---Appellant again went to Supreme Court wherefrom his case was sent to Service Tribunal for decision afresh on merits--Recommendation and select lists A and B sent by Board of Revenue were also considered---Board of Revenue's recommendation was treated as select list in case of appellant---Held, appellant's promotion as notified on 6-4-1973 fulfilled the requirement of Rules on the subject and as such appellant was entitled to count his seniority in PCS cadre from that date. Date of hearing: 13th September, 1990. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).---This case has a long chequered history spread over about one and half decades. It made its debt with issuance of the S&GAD's Notification No. S.O.V.(S&GAD)-X-206/73, dated 1st July, 1973 whereby 59 Mukhtiarkars including appellant, Abdul Haq Afghan, were promoted as Assistant Commissioners on regular basis. As the appellant was already inducted in the PCS Cadre by S&GAD's Notification No. SOV-V (PCS) (S&GAD)-X-206/71, dated 6th April, 1973, he felt aggrieved by the above subsequent notification. He challenged the said notification in his representation addressed to the Chief Secretary. Pending decision on his representation, identical case of Mr. Qamar-ud-Din Bhatti (Appeal No. 179/75) was decided by this Tribunal vide its judgment, dated…
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