ABDULLAH CHANNAH vs The ADMINISTRATIVE COMMITTEE S — 2024 PLC(CS) 946 SUPREME-COURT

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ABDULLAH CHANNAH VS The ADMINISTRATIVE COMMITTEE S. 3-B---Judicial officers of subordinate judiciary---Service appeals filed by judicial officers before the (Sindh) Subordinate Judiciary Service Tribunal---Appeals kept pending for many years---Adverse consequences---As a result of long pendency and no decision on the appeals, certain developments are made by the efflux of time which makes the entire purpose of filing of appeals infructuous and worthless---If appeals against minor and major penalties will remain pending for an indefinite period during the service tenure, it will also become a cause of mental stress and exasperation---Another possibility that cannot be ruled out is that when the matter is taken up for hearing for a final decision, though after several years, the appellant (judicial officer) may not be in judicial service anymore or may not be actively pursuing the case or may have passed away---In such eventuality, the second phase of litigation for impleading the legal heirs will be triggered keeping in mind the nitty-gritties of service appeal to decide the question of, firstly, whether the right to sue survives to the legal heirs or not?---With an eye to overcome and resolve this distressing and disquieting situation, it would be most advantageous and strategic if the Chief Justice, Sindh High Court, and the Chairman of the Tribunal, formulate any Standing Instructions to settle down a reasonable timeline for making decisions of pending service appeals before the Tribunal according to ageing from the date of institution. Citation Name: 2024 PLC(CS) 946 SUPREME-COURTBookmark this Case ABDULLAH CHANNAH VS The ADMINISTRATIVE COMMITTEE S. 3-B---Judicial officers of subordinate judiciary---Service appeal filed by judicial officer before the (Sindh) Subordinate Judiciary Service Tribunal against order of Administrative Committee of the (Sindh) High Court---Maintainability---When any issue crops up in respect of the terms and conditions of service of members of the subordinate judiciary including grievance against dismissal from service, compulsory retirement, wrong fixation of seniority, or grievance against any minor or major penalty, then recourse is to be made to the Subordinate Judiciary Service Tribunal, which is the ultimate fact-finding forum available and they are not supposed to file civil suits in the Civil Court or the writ petitions in the High Court to challenge the adverse departmental or disciplinary actions against them---Judicial officers who file Service appeals before the (Sindh) Subordinate Judiciary Service Tribunal against orders of Administrative Committee of the (Sindh) High Court cannot be non-suited on the ground of maintainability.

ABDULLAH CHANNAH vs The ADMINISTRATIVE COMMITTEE S — 2024 PLC(CS) 946 SUPREME-COURT

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