Case Details

Citation(s)
2002 SLG 1822 2002 SLD 1822 2002 PLC 806
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos. 868-K and 870-K of 2001, decision dated: 13-12-2001. (On appeal from the judgment of the Sindh Service Tribunal at Karachi, dated 7-9-2001, passed in Appeal No.71 of 1998).
SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ

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Syed ABDUL QADIR SHAH

VS

GOVERNMENT OF SINDH through Secretary, Communication and Works Department, Government of Sindh, Karachi and others

Law:

Section:

Service Tribunals Act (LXX of 1973)--------S.4---Constitution of Pakistan (1973), Art. 212(3)---Judgment passed by Service Tribunal ---Question of public importance, failure to raise---Service Tribunal reinstated the civil servant in service with back benefits but refused to reinstate the civil servant on the post where he was working at the time of termination for the reason that the said post had been upgraded ---Validity--­Judgment passed by the Service Tribunal was based on law laid down by Supreme Court as well as equity, fair play and justice and the same did not call for interference by Supreme Court---No illegality, irregularity or misconstruction of law was found in the passed by the Service Tribunal while the civil servant failed to raise any question of public importance---Petition was dismissed. Shabbir Ahmed Awan, Advocate Supreme Court and Izhar Alam Farooqui, Advocate-on-Record for Petitioner (in C.P. No. 868-K of 2001). Manzoor Ahmed Khan, Advocate Supreme Court and Faizanul Haq, Advocate-on-Record for Respondent No.5. Suleman Habibullah, A.A.-G. and Akhlaq A. Siddiqui, Advocate-­on-Record for Petitioners (in C. P. No. 870-K of 2001). Shabbir Ahmed Awan, Advocate Supreme Court and Izhar Alam Farooqui, Advocate-on-Record for Respondent No. 1. Manzoor Ahmad Khan, Advocate Supreme Court and Faizanul Haq, Advocate-on-Record for Respondent No.5. Date of hearing: 13th December, 2001. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---By this consolidated judgment we intend to dispose of Civil Petitions Nos.868-K and 870-K of 2001, which are directed against a common judgment of the Sindh Service Tribunal, Karachi, dated 7-9-2001, passed in Appeal No. 71 of 1998. 2. The facts, in brief, are that petitioner Syed Abdul Qadir Shah, while working as XEN (BS-18) in Asian Development Bank, Sukkur, was transferred and posted-as Project Director, ADB Engineering Cell, Sukkur, in his own pay and scale, vide S&GAD Notification dated 23-10-1993. In the meanwhile recruitment rules for the post of Project Director (BS-19) were framed and notified on 20-3-1995 in consultation with Recruitment Rules Framing Committee in Sindh Public Service Commission allocating this post…
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