Law:

Section:

Sindh Civil Servants (Promotion, Confirmation and Seniority) Rules, 1975-------R. 13---Seniority---Determination and eligibility of---Civil servants appointed on regular basis in B.S. 17, was promoted to B.S.18 on regular basis---Departmental .Authority while promoting the civil servant to B.S. 18 had deferred the promotion of other civil servants because at relevant time departmental enquiries were pending against them and they were awarded minor penalties at that time---Opposing civil servants were neither exonerated from the charges against them nor penalties awarded to them were taken back, but despite that the Authority not only promoted them holding them eligible for said promotion but also placed them senior to the civil servant while they were junior to him---Opposing civil servants were given benefit of R.13 of Sindh Civil Servants (Promotion, Confirmation and Seniority) Rules. 1975---Validity---Benefit of R.13 could be extended to those civil servants who were exonerated from the charges against them--­Opposing civil servants who were not exonerated from the charges on basis of which they were deferred at the relevant time, were not eligible for promotion and they being junior to civil servant, could not be awarded seniority superseding the civil servant--Notification whereby opposing civil servants were promoted and were awarded seniority over the civil servant, was declared to be invalid and without lawful authority. Zahid Arif v. Government of N.-W.F.P. 1998 SCMR 633; Abdul Khaliq v. National Tariff Commission 1999 PLC (C.S.) 837; Khalid Latif Chaudhry's, case 1999 PLC (C.S.) 510; Muhammad Naqi Khan's case 1985 SCMR 2099; Ibrar Hussain's case 1984 SCMR 379; Iqbal Ahmed v. .Province of Sindh 1996 PLC (C.S.) 995; Aftab Hussain Shah v. Federation of Pakistan PLJ 1997 Tribunal Cases (Service) 264; Government of N.-W.F.P. v. Bune Khan 1985 SCMR 1158; 1995 SCMR 16; 1984 PLC (C.S.) 287: Amanullah Khan's case 1986 PLC (C.S.) 968 and 1985 SCMR 1394 ref. M.M. Aqil Awan for Appellant. Muhammad Qasim Mirjat, A.A.-G. for the Official Respondents. Ansari Abdul Lateef for Respondents Nos.3 and 4. Date of hearing: 21st February, 2001. JUDGMENT ABDUL. RASHEED MEMON…

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