P L D 1959 (W (PLP)
M. NIZAM‑UD‑DIN H. MUHAMMAD HASHIM -Appellant Versus THE STATE‑Respondent
| Citation | P L D 1959 (W (PLP) |
| Forum / Court | |
| Bench Members | M. Z. Khan, Member Board of Revenue, West Pakistan |
| Parties | M. NIZAM‑UD‑DIN H. MUHAMMAD HASHIM -Appellant Versus THE STATE‑Respondent |
Q1: What are the key laws and sections cited in P L D 1959 (W (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1959 (W (PLP)?
The case was heard and decided by the bench comprising: M. Z. Khan, Member Board of Revenue, West Pakistan.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1959 (W (PLP) (M. NIZAM‑UD‑DIN H. MUHAMMAD HASHIM -Appellant Versus THE STATE‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
Government servant‑Seniority‑Sind Government Political Services and General Administration Department's Resolution No. 1218‑GA/46, dated 29‑1‑47‑To be adhered to while determining seniority.
Judgment & Decree
Service Appeal No. 1507 of 1959, decided on 23rd May 1559. Government servant‑Seniority‑Sind Government Political Services and General Administration Department's Resolution No. 1218‑GA/46, dated 29‑1‑47‑To be adhered to while determining seniority. This is an appeal by M. Nizam‑ud‑Din H. Muhammad Hashim against an order dated the 1‑5‑58, of the Director of Settlements Survey and Land Records Southern Zone, Hyderabad, whereby the appellant was declared junior to Mr. Ghulam Shah and con sequently reverted from the post of "C" grade clerk with effect from the date of the said order, after cancellation of his confirma tion in "C" grade.
2. Having gone through the record of the case I find that there is no justification for the order passed by the Director of Settlements, Survey and Land Records. It is evident that the principles enunciated in the former Sind Government Political: Services and General Administration Departments Resolution No. 1218‑GA/46, dated the 29‑1‑47, were not adhered to while determining the seniority of M. Ghulam Shah, on his appointment in the clerical cadre in the office of the Director of Settlements, Hyderabad, at his own request. M. Ghulam Shah, being a member of the field staff, should on his appointment to the office establishment have been treated as a new entrant for purposes of seniority vis‑a‑vis the appellant since the field staff and the clerical establish ment form two separate service cadres which are subject to different service rules. The Revenue Commissioner's circular No. 4250‑H/50‑VI, dated 13‑10‑55, laid down the procedure to be followed by the District Officers in future with regard to the determination of seniority and promotion of clerks on the District Revenue Establishment, but it did not supersede the Government Resolution of 1947, according to which the rank of Mr. Ghulam Shah should have been fixed on 20‑2‑54, below the appellant. The appeal of M. Nizam‑ud‑Din is therefore, allowed. He should be reinstated in his post in the "C" grade in accordance with his original seniority, with consequential benefits. K. M. A. Appeal allowed.