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Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Given the legal analysis on the topic issue, we're from the view that the claim on the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle will not be legally seem, Other than promotion and seniority, not absolute rights, they are matter to rules and regulations In case the recruitment rules of the subject post allow the case of your petitioners for promotion can be considered, however, we are apparent within our point of view that contractual service cannot be thought of for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Health, subject to availability of vacancy topic towards the approval from the competent authority.
record with the department there is not any record obtainable whatsoever regarding promotion on the petitioner(Promotion)
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Following the decision, NESPAK, as directed, conducted an assessment on the grid project and submitted that adequate mitigation measures were in place to render any potential adverse impacts negligible. Based on this, the grid more info station was permitted to become crafted.
The issue here is that an accused may say that they intended to injure the sufferer, but they didn't intend to destroy them. In other words, they might claim that thedeath that resulted due to the accused’s attack was neither foreseeable nor intended.
thirteen. The Supreme Court has held that the moment the act of misconduct is founded plus the employee is found guilty after owing process of law, it's the prerogative from the employer to decide the quantum of punishment, from the different penalties provided in law. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness from the act of misconduct isn't enough even so the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful way. Read more
2. I have read the acquired counsel for your parties and also figured out DPG at size, perused the record and observed that:-
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
To invoke section 300 and 302 just because death has occurred is the largest tragedy of all. It does the exact opposite of what a legal system is there to try and do, i.e. protected its citizens.
ninety . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is also important to note that neither seniority nor promotion will be the vested right of a civil servant, therefore, neither any seniority nor any promotion may be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular length of service for turning into entitled to become considered for promotion to the higher quality, of course, will not be without logic given that the officer that's to begin with inducted to your particular post needs to serve within the reported post to gain experience to hold the next higher post and to provide the public inside of a befitting fashion.
fourteen. From the light on the position explained previously mentioned, it really is concluded that a civil servant includes a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded as for no fault of his own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the duration of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Read more