Law:

Section:

Keywords: Discretion, Leave, Circulars, Promotion, Service Tribunal, Civil Servant, Call, Suspension, Civil Service, Confirmation, Delay, Competent Authority, Minutes, Communication, Proceedings, Inter Se, Jurisdiction Of Service Tribunal, Chairman, Order, Determination, Deputation, Government, Disciplinary Proceedings, Issuance, Punishment, Notification, Dispute, Appointment, Period, Grounds, Jurisdiction, Penalty, Costs, Confirmation And Seniority, Departmental Appeal, Executive. JUDGMENT JUSTICE (RTD) MUNAWAR ALI KHAN (CHAIRMAN).- The appellant, Bashir Ahmed Shah, a Superintending Engineer, has filed the present appeal to call in question the Communication and Works' Department's notification dated 7th July, 1990 whereby the respondent Ghayoor Hassan (hereinafter referred as private respondent) has been allowed the benefit of rule 13 of the Sind Civil Servants (Probation, Confirmation and Seniority) Rules 1975 (hereinafter referred as the Seniority Rules), giving him seniority over the appellant in the SES cadre. 2. The facts leading to this appeal may, briefly be summarized as follows. As Executive Engineer (BS-18) the private respondent was senior to the appellant, as he was appointed to that post as far back as December, 1969 whereas the appellant was inducted in the cadre of XEN on later date i.e. 5.3.1973, However, the appellant ws promoted as S.E. On 3.11.1980, earlier than the private respondent's promotion to the said post on 22.11.1984.. Although the Provincial Selection Board-II had cleared the private respondent for promotion in 1977, yet the notification of his promotion was deferred due to his suspension preceding the initiation of the departmental enquiry against him. On conclusion of the said enquiry he was punished and visited with penalty of withholding of promotion for to years. Accordingly the case of his promotion was again processed and placed before the Selection Board on 20.9.1984 and after due clearance by the said Board, the private respondent was promoted to the post of S.E. On 22.11.1984. Subsequent to his promotion he was given the benefit of seniority over the appellant in the cadre of SEs vide the impugned notification. The…

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