Law:

Section:

Sindh Civil Servants (Appointment, Promotion and Transfer) Rules 1974-------R. 9-A---Sindh Service Tribunals Act (XV of 1973), S.4---Placing a civil servant in surplus pool---Absorption in lower grade---Appeal---Appellant serving as Manager (Corporate Affairs) in B-18 in Sindh Sugar Corporation, was declared surplus and was placed in surplus pool---Appellant having been subsequently absorbed as Administrative Officer in B-17 in the Directorate of. Accounts and Inspection, Finance Department, was not satisfied with his such absorption and filed appeal before Service Tribunal---Validity---Appellant was absorbed in a lower scale-17 for the reason that no post of Basic Scale-18 was lying vacant---Appellant, in circumstances was rightly absorbed in Basic Scale-17 in accordance with clause (ii) of R.9-A of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules 1974---Contention of appellant that one post of Administrative Officer/Deputy Director (Admn.) in Basic Scale-18 was lying vacant in the Culture and Tourism Department and that appellant was also found fit and eligible for the said post, was repelled, because at the relevant time said post was not vacant---Another contention of appellant that one of his colleagues who was junior to him was absorbed as Deputy Director in Basic Scale-18 in the Directorate of Manpower & Training, but appellant was ignored and was discriminated, was also repelled, for the simple reason that there was no rule that the staff from surplus pool, would be absorbed in other Departments according to seniority. Ghulam Sarwar Chandio for Appellant. Mrs. Tabsum Ghazanfar, Asstt. A.-G. for Respondents. Date of hearing: 27th June, 2006. JUDGMENT JUSTICE (RETD.) ABDUL GHANI SHAIKH (CHAIRMAN).--This appeal under section 4 of Sindh Service Tribunals Act, 1973, has been moved on behalf of appellant praying for his absorption in B-18 w.e.f. 12-11-2003 under Rule 9-A of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974. 2. Facts in nutshell giving rise to the present appeal are that appellant was serving as Manager (Corporate Affairs) in B-18 in Sindh Sugar Corporation. He along with many others was declared…

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