JAMSHER ALI SIAL vs PROVINCE OF SINDH S — 2024 PLC(CS) 690 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 PLC(CS) 690 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: PLC
Parties: JAMSHER ALI SIAL vs PROVINCE OF SINDH S
Subject matter: Service
Provisions referred to: S. 12---C; S. 12; Sindh Civil Servants Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

JAMSHER ALI SIAL VS PROVINCE OF SINDH S. 12---Constitution of Pakistan, Arts. 199 & 212---Constitutional petition---Maintainability---Terms and conditions of service---Reversion to lower post---Petitioners were aggrieved of orders passed by authorities reverting them to lower posts---Validity---Civil servant appointed on a higher post or status on adhoc, temporary or officiating basis was liable to be reversed under S.12 of Sindh Civil Servants Act, 1973, to his substantive post or grade without serving any notice---There were two permutations in S.12 of Sindh Civil Servants Act, 1973: fist that reversion to lower or substantive post could be made by competent authority without notice; and second that such exercise was within the terms and conditions of service---High Court in exercise of constitutional jurisdiction declined to interfere in the matter as reversion of petitioners / civil servants fell within the terms and conditions of service---In the present case there was neither any question of non-hearing of petitioners, nor of not providing them opportunity of hearing before passing orders in question, and nor the question of discrimination---High Court did not have jurisdiction under Art. 199 of the Constitution, as the matter squarely fell within the jurisdiction of Sindh Service Tribunal---Constitutional petition was dismissed, in circumstances.

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