Law:

Section:

Keywords: Petition, Place, Executive, Jurisdiction, Leave, Service Tribunal, Order, Promotion, Deputation, Minutes, Disciplinary Proceedings, Remedy, Civil Servant, Confirmation, Representative, Relief, Benefit Of Doubt, Government, Parties, Federal Government, Dispute, Grievance, Confirmation And Seniority, Inter Se, Irrigation, Division, Impugned Order, Establishment, Consideration, Set Aside, Competent Authority, Notice, Presumption, Costs, Seniority List, Proceedings, Chairman JUDGMENT MR. JUSTICE (RTD) MUNAWARALI KHAN (CHAIRMAN).-Aggrieved by the S & GAD's advice contained in its memo dated 16.7.1991 whereby instead of allowing the appellant, Ghulam Rasool Mahar presently holding the post of Superintending Engineer, the benefit of rule 13 of Sind Civil Servants (Probation, Confirmation and Seniority) Rules 1975, (hereinafter referred as the Seniority Rules), he was advised to approach the Sind Service Tribunal, the said appellant has come in this appeal praying for setting aside of the aforementioned order and giving him the desired relief with all consequential benefits. 2. The appellant's case as stated in his memo of appeal is as follows: In the Seniority list of Executive Engineers (Civil) Irrigation Dept, as it stood on 15.1.1986, the appellant was shown senior to all the private respondents, as his name appeared at S. No: 9, whereas the names of the private respondents were mentioned below his name. However in 196 four of the private respondents namely Messrs Shamsuddin Memon,. Abdul Rahim Sidiqui, Ghulam Hussain Shaikh, Jan Mohammad Kazi and Muhammad Punhal Soomro were promoted to the posts of Superintending Engineers, and the appellant's promotion was deferred, due to non-availability of his ACR for 1986. In the following year of 1987 he. Was once again ignored for promotion, unjustifiably on the ground of uncommunicated adverse remarks. In the said year, his juniors namely the private respondents Messrs Durga Shanker, Ghulam Mustafa Baloch, Thakurdas and Ali Muhammad Baloch were promoted as Superintending Engineers. It was in 1988 that the appellant was ultimately promoted to the said higher post vide order dated 26.5.1988 following the…

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