| Citation(s) |
|---|
| 2001 SLG 1909 2001 SLD 1909 2001 PLC 542 |
Service Tribunal, Sindh
Appeal No.67 of 1998, decision dated: 25-05-1999. .
ABDUL MAJID KHANZADA, CHAIRMAN AND S. NASIM HAIDER, SENIOR MEMBER
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Appeal No.67 of 1998, decision dated: 25-05-1999. .
ABDUL MAJID KHANZADA, CHAIRMAN AND S. NASIM HAIDER, SENIOR MEMBER
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Rao ABDIIL JABBAR KHAN
VS
GOVERNMENT OF SINDH and 2 others
Law:
Section:
Sindh Civil Servants Act (XIV of 1973)-------S. 8---Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, Rr. 11 & 13---Seniority---Entitlement---Supreme Court, in its , in an earlier round of litigation, had decided that appellant/civil servant, when considered and promoted in Grade-18, would maintain his seniority---Respondents/Authorities which should have granted due seniority to appellant in Grade-18 after correcting disputed seniority list, instead circulated another seniority list of officers in which officials junior to appellant were shown senior to him without giving any justification for the same--- Validity---Appellant/civil servant, who already was senior to co-civil servant in lower grade by virtue of his earlier appointment as against later appointment of co-civil servant, should have been continued to be senior to co-civil servant in next higher grade---Seniority of appellant having been protected under R. 13(i) of Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, should have been granted seniority which had already been determined by Supreme Court in its earlier . 1994 PLC (C.S.) 201 and 1999 PLC (C.S.) 279 ref. Rao M. Shakir Naqshbandi for Appellant. Naimatullah Qureshi for Respondent. S.M. Sayedain Zaidi, Asstt. A.-G.; Sindh for the Official. Respondents Nos. l and 2. Date of hearing: 21st April, 1999. JUDGMENT S. NASIM HAIDER (SENIOR MEMBER).---This is actually, the second round of litigation, between the appellant and the official respondents--first round having culminated in Civil Appeal No.210 of 1992 (arising out of the judgment of this Tribunal in Service Appeal No.71 of 1985) and decided by the Hon'ble Supreme Court of Pakistan/Judgment announced on 19-12-1995. The appellant being aggrieved with the seniority list of BPS-19 issued on 20-11-1997, allegedly in defiance of Hon'ble Supreme Court Judgment dated 12-12-1995, filed a departmental appeal. The said departmental appeal having remained undisposed of and after waiting for the stipulated period, the appellant has filed the present service appeal. The facts, according to the appellant are that in the 1st service appeal viz. Service…
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