1992 PLP (C (PLC(CS))
LAL BUX SOOMRO and others Versus THE CHIEF SECRETARY TO GOVERNMENT OF SINDH and another
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal Sindh |
| Bench Members | Munawar Ali Khan, Chairman and Ghulam Mujaddid Isran, Member |
| Parties | LAL BUX SOOMRO and others Versus THE CHIEF SECRETARY TO GOVERNMENT OF SINDH and another |
| Primary Law | (c) West Pakistan Food Department (Gazetted Posts) Recruitment Rules, 1963, (b) Sindh Civil Servants Act (XIV of 1973), (d) Sindh Service Tribunals Act (XV of 1973) |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (c) West Pakistan Food Department (Gazetted Posts) Recruitment Rules, 1963, (b) Sindh Civil Servants Act (XIV of 1973), (d) Sindh Service Tribunals Act (XV of 1973), (a) Sindh Civil Servants Act (XIV of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Service Tribunal Sindh bench comprising: Munawar Ali Khan, Chairman and Ghulam Mujaddid Isran, Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (LAL BUX SOOMRO and others Versus THE CHIEF SECRETARY TO GOVERNMENT OF SINDH and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Manzoor Ali Khan for Appellants. Abdul Ghafoor Mangi, A.A.-G. for Respondents. Private Respondents in person.
- Date of hearing: 6th March, 1991.
Headnotes / Summary
Ss. 2(2) & 18
Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, R. 13
Seniority, reckoning of-- Seniority in the grade to which civil servant was to be promoted would take effect from the; date of regular appointment to a post in that grade-- Appointment whether by promotion or otherwise would be deemed to have been made on regular basis if made in prescribed manner.
S. 2(2)
Word "prescribed" as used in S. 2(g), Sindh Civil Servants Act, 1973, would mean prescribed by Rules.
Appendix, column 2, Entry No.7 [as amended by Notification NO. SOF(V)-2 (7)/76, dated 26-6-1980]
Formal amendment in Food Department's Recruitment Rules, 1963, whereby words "in the region where vacancy occurs" were omitted, was not intended to deprive officials of any region of their right of promotion, but it sought to make the Rules rational so as to meet the new requirements of the upgraded post in question, which had been upgraded from Grade-11 to Grade-16, whereby such post became a Provincial post; method of its filling on Provincial level also became automatically effective and same was to be filled on Provincial basis and not on regional basis.
S. 4
Appeal before Service Tribunal was to be filed within thirty days of the communication of rejection of departmental appeal
Civil servant claimed to have received appellate order on 11-8-1990 i.e. one month after it was passed
Burden was on respondent to show that order of rejection of departmental appeal was communicated to civil servant in time
No such evidence was laid before Service Tribunal
Civil servant's explanation as regards delay in filing appeal was accepted-- Respondent department was directed to make necessary correction in the seniority list whereby appellants were to be deemed senior to respondents for haring been promoted to existing post prior in time.
Judgment & Decree
Ss. 2(2) & 18
Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, R. 13
Seniority, reckoning of-- Seniority in the grade to which civil servant was to be promoted would take effect from the; date of regular appointment to a post in that grade-- Appointment whether by promotion or otherwise would be deemed to have been made on regular basis if made in prescribed manner. (b) Sindh Civil Servants Act (XIV of 1973)
S. 2(2)
Word "prescribed" as used in S. 2(g), Sindh Civil Servants Act, 1973, would mean prescribed by Rules. (c) West Pakistan Food Department (Gazetted Posts) Recruitment Rules, 1963
Appendix, column 2, Entry No.7 [as amended by Notification NO. SOF(V)-2 (7)/76, dated 26-6-1980]
Formal amendment in Food Department's Recruitment Rules, 1963, whereby words "in the region where vacancy occurs" were omitted, was not intended to deprive officials of any region of their right of promotion, but it sought to make the Rules rational so as to meet the new requirements of the upgraded post in question, which had been upgraded from Grade-11 to Grade-16, whereby such post became a Provincial post; method of its filling on Provincial level also became automatically effective and same was to be filled on Provincial basis and not on regional basis. (d) Sindh Service Tribunals Act (XV of 1973)
S. 4
Appeal before Service Tribunal was to be filed within thirty days of the communication of rejection of departmental appeal
Civil servant claimed to have received appellate order on 11-8-1990 i.e. one month after it was passed
Burden was on respondent to show that order of rejection of departmental appeal was communicated to civil servant in time
No such evidence was laid before Service Tribunal
Civil servant's explanation as regards delay in filing appeal was accepted-- Respondent department was directed to make necessary correction in the seniority list whereby appellants were to be deemed senior to respondents for haring been promoted to existing post prior in time. Manzoor Ali Khan for Appellants. Abdul Ghafoor Mangi, A.A.-G. for Respondents. Private Respondents in person. Date of hearing: 6th March, 1991.