Case Details

Citation(s)
1991 SLG 2209 1991 SLD 2209 1991 KLR 147
Sindh High Court
Appeal No. 57 of 1990, 21st January, 1991
JUSTICE, (RTD) MUNAWAR ALI KHAN, (CHAIRMAN) AND GHULAM MUJADID ISRAN, MEMBER

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Muhammad Sachal

VS

Chief Secretary Sindhh Karachi And Other

Law:

Section:

Keywords: Service Tribunal, Protection, Remedy, Relief, Inter Alia, Chairman, Director, Competent Authority, Plea, Period, Non-Compliance, Finance, Departmental Remedy, Order, Refusal, Withdrawal, Costs, Appointment, Delay, Promotion, Compliance, Departmental Appeal, Endorsement, Violation JUDGEMENT JUSTICE (RTD) MUNAWAR ALI KHAN, (CHAIRMAN)- This case arose about 13 years ago in 1977 when the appellant Mohammad Sachal who was working as Turner under Agriculture Engineer, Khairpur, was appointed on his own request to the post of Foreman. The appellant's case is that he applied for promotion from the post of Turner to that of Foreman but he was appointed to the latter post as a new entrant. Consequently, instead of protecting his existing pay of Rs.612/= that he was drawing as Turner in NPS-9, he was allowed Rs.430/ = , the minimum of the NPS-11. As he sustained loss of Rs.182/= per month, he made representation to the Director, Agriculture Engineering who in his turn recommended his case to the Secretary Agriculture Department. By his order dated 21.2.1979 the said Secretary rejected the appellant's representation. Thereafter the continued making applications to the authorities. In 1987, after similar request of one Azizullah Foreman and other officials was acceded to, the appellant's case was again referred by the Director Engineering to the Secretary, Agriculture Department. This the his case was taken up by the Administrative Secretary with the Finance Department but some how it was turned down by the Secretary of that Department vide his letter dated 28.12.1987. 2. The appellant then approached this Tribunal in Service appeal which was however, withdrawn by him due to legal lacuna of non-compliance of the mandatory requirement of first exhausting departmental remedy. In fulfillment of the said legal requirement, he filed departmental appeal to the Chief Secretary on 1.2.1988 against the rejection or dated 28.12.1987 passed by the Secretary Finance Department pending decision in his departmental appeal, the appellant approached the Agriculture Minister who called for the papers of his case. Accordingly the summary prepared for the Minister was communicated…
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