Pakistan Case LawSHAKIL-UR-REHMAN HAMIDI Versus GOVERNMENT OF SINDH and others
This appeal arises out of a judgment of the Sindh Service Tribunal, Karachi, which had dismissed the appellant's appeal challenging the seniority list pertaining to Head Masters, Sub-Divisional Education Officers, and Deputy Education Officers (B-17). The core legal question concerned the alleged illegal supersession of the appellant by a junior officer in promotion from BS-17 to BS-18. During the hearing before the Supreme Court, the Government of Sindh submitted a formal undertaking stating that if the appellant's allegation of supersession by a junior officer from the Provincialized Cadre in 1984 is correct, the appellant will be granted promotion from the date his junior was promoted. The appellant accepted this undertaking. Consequently, the Supreme Court disposed of the appeal in terms of the official undertaking given by the Provincial Government, with no order as to costs.
- Whether an appeal regarding a service seniority list can be disposed of on the basis of an official undertaking given by the Provincial Government?
- Does promotion of a junior officer entitle a senior civil servant to pro-rata promotion from the date of the junior's promotion when the government undertakes to rectify the supersession?
AJMAL MIAN, J.---This is an appeal with the leave of this Court against the judgment of Sindh Service Tribunal, Karachi dated 19-9-1991 passed in Appeal No,42 of 1990 filed by the appellant against the seniority list pertaining to Head Masters/Sub-Divisional Education Officers/Deputy Education Officers etc. (B-17), which was dismissed.
2.We have heard the arguments in the above appeal. During the arguments, Mr. Abdul Ghafoor Mangi, learned Additional Advocate-General, Sindh has filed the following undertaking, signed by Mr. M.A.A. Zafar, Legal Advisor, Education Department, Government of Sindh and countersigned by Mr. Mubarak Ali Hingorjo, Additional Secretary, Education Department, Government of Sindh:--
UNDERTAKING
It is alleged by the appellant that Mr. Allay Nabi, Headmaster Provincialized Cadre was promoted in 1984 from BS-17 to BS-18 though he was junior to him and appellant was illegally superseded.
I, on behalf of Government of Sindh, do hereby undertake that if so, the petitioner will be given promotion from the date of his junior was promoted from the Provincialized Cadre.
Countersigned by (Sd)/
Additional Secretary (MAA. ZAFAR)
Education Deptt., Govt. Of Sindh LEGAL ADVISOR,
GOVERNMENT OF SINDH"
EDUCATION DEPTARTMENT.
Karachi
Dated: 30-3-1994.
The appellant accepts the above undertaking.
3.The above appeal is disposed of in terms of the above undertaking. However there will be no order as to costs.
Judges on this bench
- Ajmal Mian2,984 judgments
- Sajjad Ali Shah1,895 judgments
- Saleem Akhtar1,928 judgments