Law:

Section:

Constitution of Pakistan (1973)-------Art.212(3)---Sindh Service Tribunals Act (XV of 1973), S.4---Seniority, fixation of---Failure to follow the Notification issued by Government--­Effect---Grievance of the civil servant was that his seniority was not fixed as directed by the Government in its Notification---Service Tribunal allowed the appeal and directed the Authorities to fix the seniority as directed by the Government---Notification of the Government in question had neither been recalled nor the same had been challenged by any of the civil servants---Judgment of Service Tribunal was well-reasoned and did not call for interference of Supreme Court---Leave to appeal was refused. Ainuddin, Additional Advocate-General, Sindh for Petitioner. Nemo for Respondents. Date of hearing: 30th August, 2000. ORDER HAMID ALI MIRZA, J.---This civil petition for leave to appeal is directed against the judgment dated 23-5-2000 of Sindh Service Tribunal at Karachi, whereby Appeal No. 158 of 1999 filed by respondent No. 1, Ghulam Sarwar Sangi, was allowed. 2. The brief facts of the case are that respondent No.1 filed an appeal under section 4 of the Sindh Service. Tribunals Act, 1973 against the order dated 9-1-1999 -passed '.by the Chairman, Enquiries and Anti-Corruption Establishment, Sindh petitioner No.3, whereby respondent No.1 was given seniority, in the Enquiries and Anti-Corruption Establishment with effect from 19-6-991 When the respondent No.1 was earlier given seniority from competent authority as per Notification No.S.O.III (S&,GAD)-POL-I-IX/94 of Services and General Administration Department dated 5th October, 1994, issued by the Chief Secretary, Government of Sindh which appeal was allowed as per impugned judgment, hence this petition. 3. We have heard the learned Additional Advocate-General for the petitioners and perused the record. 4. The only contention of the learned Additional Advocate-General is' that the learned Tribunal has not properly construed the relevant provisions of law relating to seniority of respondent No.1. consequently same liable to be set aside. 5. The learned Additional Advocate-General was asked whether petitioner No. 3, Chairman,…

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