2011 SCMR 835 (PLP)
Dr. AZEEMUR REHMAN and others — Appellants Versus GOVERNMENT OF SINDH and others — Respondents
| Citation | 2011 SCMR 835 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tassaduq Hussain Jillani and Ghulam Rabbani, JJ |
| Parties | Dr. AZEEMUR REHMAN and others — Appellants Versus GOVERNMENT OF SINDH and others — Respondents |
| Primary Law | Civil Servants Act (LXXI of 1973) |
Q1: What are the key laws and sections cited in 2011 SCMR 835 (PLP)?
This judgment primarily cites: Civil Servants Act (LXXI of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 835 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tassaduq Hussain Jillani and Ghulam Rabbani, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 835 (PLP) (Dr. AZEEMUR REHMAN and others — Appellants Versus GOVERNMENT OF SINDH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Yousaf Leghari, A.-G. Sindh for Respondents Nos.1 and 2.
- Ansari Abdul Latif, Advocate Supreme Court for Respondents Nos. 10, 12 and 14 to 17 (in all cases).
- ----S.8---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan, Art.212(3)---Seniority---Appeals having been dismissed by the Service Tribunal, civil servants had filed appeals before the Supreme Court---Advocate-General had submitted that the original seniority list was superseded, because certain persons had died and some of them had retired; and the seniority list needed modification/rectification---Advocate-General had added that appeals filed by the appellants against the impugned seniority list before the Departmental Authority, were not decided; and it would be in the interest of justice, if those appeals were decided in the first instance as these according to his instructions, were pending---Advocate-General, in circumstances, had submitted that Provincial Government would have no objection if the appeals were partly allowed and the impugned judgment to their extent was set aside---Appeals in circumstances, were allowed and the impugned judgment with regard to the findings qua the appellants were set aside and the competent Authority in the Department was directed to decide the pending appeals within six weeks of the receipt of the order, after hearing all concerned.
- 2. Learned Advocate-General Sindh submits on court query that the original seniority list dated 24-3-1998 was superseded by the list issued on 19-8-1999 because certain persons had died and some of them had retired and the list needed modification/rectification. Adds that the appeals filed by the appellants against the seniority fist dated 19-8-1999 before the Departmental Authority were not decided and it would be in the interest of justice if those appeals are decided in the first instance as those according to his instructions are still pending. In these circumstances he submitted that Provincial Government would have no objection if the instant appeals are partly allowed and the impugned judgment to their extent is set aside.
- 3. Learned counsel for the respondents does not join issue with learned Advocate-General on the stand taken by him.
Headnotes / Summary
(On appeal from the judgment dated 7-4-2005 passed by the Sindh Service Tribunal, Karachi in Appeals Nos. 360, 361, 363 to 379/99, 6 to 2, 27 and 28 of 2000).
S.8
Service Tribunals Act (LXX of 1973), S.4
Constitution of Pakistan, Art.212(3)
Appeals having been dismissed by the Service Tribunal, civil servants had filed appeals before the Supreme Court
Advocate-General had submitted that the original seniority list was superseded, because certain persons had died and some of them had retired; and the seniority list needed modification/rectification
Advocate-General had added that appeals filed by the appellants against the impugned seniority list before the Departmental Authority, were not decided; and it would be in the interest of justice, if those appeals were decided in the first instance as these according to his instructions, were pending
Advocate-General, in circumstances, had submitted that Provincial Government would have no objection if the appeals were partly allowed and the impugned judgment to their extent was set aside
Appeals in circumstances, were allowed and the impugned judgment with regard to the findings qua the appellants were set aside and the competent Authority in the Department was directed to decide the pending appeals within six weeks of the receipt of the order, after hearing all concerned. Appellants in person.
Judgment & Decree
This order shall dispose of Civil Appeals Nos. 1233 to 1251 of 2005 directed against the consolidated judgment dated 7-4-2005 passed by the Sindh Service Tribunal vide which the appeals of the appellants against seniority list dated 19-8-1999 were dismissed.
2. Learned Advocate-General Sindh submits on court query that the original seniority list dated 24-3-1998 was superseded by the list issued on 19-8-1999 because certain persons had died and some of them had retired and the list needed modification/rectification. Adds that the appeals filed by the appellants against the seniority fist dated 19-8-1999 before the Departmental Authority were not decided and it would be in the interest of justice if those appeals are decided in the first instance as those according to his instructions are still pending. In these circumstances he submitted that Provincial Government would have no objection if the instant appeals are partly allowed and the impugned judgment to their extent is set aside.
3. Learned counsel for the respondents does not join issue with learned Advocate-General on the stand taken by him.
4. In the afore-referred circumstances, the appeals are partly allowed, the impugned judgments with regard to the findings that the appellants are set aside and the Competent Authority in the Department is directed to decide the pending appeals within six weeks of the receipt of this order after hearing all concerned. H.B.T./A-53/SC Order accordingly.