Case Details

Citation(s)
1993 SLG 1166 1993 SLD 1166 1993 PLC 136
Service Tribunal, Sindh
Appeals Nos. 44 and 45 of 1991, decided on 27th February, 1992.
MUNAWAR ALI KHAN, CHAIRMAN, GHULAM MUJADID ISRAN AND ABDUL RASHID KHAN SHERWANI MEMBERS

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

Pir MAQSOOD HUSSAIN SARHANDI and another

VS

Law:

Section:

(a) Civil service--- ----Seniority---Appellant was recruited directly while respondent was promoted to the same job on the same date---Respondent, would be deemed to be senior to the appellant in the cadre. (b) Civil service- ---- Sindh Service Tribunals Act (XV of 1973), S. 4---Appellant having filed departmental appeal he was given seniority to that of respondent---Respondent filed his own departmental appeal which was accepted and he was given seniority to that of appellant-r-Objection that second departmental appeal could not be entertained---Respondent being aggrieved for the first time by appellate order, he was within his right to challenge that order in his own departmental appeal for without availing such departmental appeal/remedy as required by S.4, Sindh Service Tribunals Act, 1973, he could not have approached Service Tribunal if at all need arose for him to bring his case to Service Tribunal seeking desired relief---Respondent had thus, right to file departmental appeal for redress of his grievance despite the fact that remedy of departmental appeal from the same Authority had been availed of by the appellant---Plea that respondent instead of filing departmental appeal should have approached Service Tribunal was not warranted. (c) Sindh Service Tribunals Act (XV of 1973)---- ---S. 4--Appeal before Service Tribunal without resort to departmental remedy---Appeal before Service Tribunal would not be competent in circumstances. Manzoor Ali Khan for Appellants. Habib Rashad and Sabihuddin for Respondents. Date of hearing: 27th February, 1992. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).---This judgment will dispose of two appeals; namely Appeal No. 44/1991 filed by Pir Maqsood Hussain Sarhandi and Appeal No. 45/1991 filed by Ghulam Ali Memon, involving identical question of law and facts. 2. Briefly stated the appellants' case is that they joined Government service as Ward Rationing Officers (hereinafter referred as WROs). following their selection as direct recruits by the Departmental Selection Committee vide Food Department's Notification No. SOF(1)/AD/G/235, dated 19th May, 1973. The private respondent Ghulam Nabi Mughal was however inducted in the…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492