1992 PLP (C (PLC(CS))

Appeal

Maintainability

Civil servant had challenged in appeal Department's notification according to which respondent civil servant was permanently absorbed in Department retrospectively

Civil servant had apprehended that said notification had effect of making respondent senior to him

Notification admittedly did not even remotely make a mention of civil servant's name, thus it had absolutely no linkage with civil servant nor it had caused violation of his terms and conditions of service

Fear of civil servant that said notification posed positive threat to his service, might be quite genuine, but unless it had actually disturbed his seniority by way of adverse entries in seniority list or by such other step taken in the light of that notification, cause of action could not be held to have accrued to him-- Howsoever imminent may be fear of future, it could not provide basis for launching litigation

Notification challenged by civil servant in appeal admittedly having not provided him any cause of action, appeal was not maintainable.

S.8

Sindh Civil Servants (Appointment, Promotion, Transfer) Rules, 1974, R.7

Sindh Civil Servants (Promotion, Confirmation and Seniority) Rules, 1975, Rr. 10 & 12

Seniority

Respondent civil servant who was working in University, was posted in same capacity on deputation for a period of two years in Education Department where subsequently he was permanently absorbeds from date he joined it on deputation

Permanent absorption of civil servant admittedly was never referred to relevant Departmental Promotion Committee nor said Committee had given its approval for his appointment

Seniority to be determined from date of regular appointment of civil servant according to be rules

Seniority of civil servant who was transferred on deputation to Education Department, could not be reckoned from date of his permanent absorption which was made without recommendation of Departmental Promotion Committee.

Compensate

Meaning

Compensate means to make amends for, or to recompense; to counter-balance; to make up.

S.24

Government, which had been vested with plenary powers under section 24 of Act, 1973 was free to pass any order which was just and equitable and such powers, could not be clipped so as to be restricted to allowing only money compensation to civil servant

Government empowered to make rules, I could pass order even outside rules and order so passed would be deemed to have modified rules in respect of case in which it was passed-- Notwithstanding, absence of any rule or other legal provisions on the subject Government or Rule-making Authority should not be helpless or handicapped to in dealing with any case in just and equitable manner. Pakistan v. Abdul Hamid PLD 1961 SC 105; Aijaz Hussain Kazi's case 1988 PLC (C.S.)' 916; PLD 1971 SC 846; Province of the Punjab v. Ch. Nazir a Hussain PLD 1956 Lah.556; PLD 1960 SC 130; Province of West Pakistan vs. Din Muhammad PLD 1964 SC 21 and Muhammad Naseem Ahmad v. Azrac Feroz Bakht PLD 1968 SC 37 ref.

Seniority

Powers of Government to determine seniority

Government, a although had been vested with plenary powers to determine seniority of civil a servant through selection, but that could be done by Government only after appointment of civil servant was regularised in accordance with prescribed procedure

For compliance of that requirement, all that was needed was to obtain approval of Departmental Promotion Committee or Selection Committee regarding fitness of civil servant for the post concerned

Powers vested in Government would not concede power to it to substitute itself in place of Selection Committee/Board for determining fitness of civil servant for job in question

If such power was allowed, it could be misused and thereby s create unnecessary misunderstanding against Government

If power of making selection on merits was vested in Government, it was likely that it would be repeatedly used rendering selection authorities such as Public Service Commission and Departmental Promotion Committee/Board, absolutely redundant.