HYDERABAD: Officials summoned in seniority case
HYDERABAD, Sept 10: The Sindh High Court, Hyderabad circuit bench, here on Tuesday issued notices to secretary services and general administration (S&GAD), chief secretary of Sindh, home secretary, provincial police officer (PPO), and additional AG of Sindh for September 29 on a petition filed by Asif Shahzad Abro, a serving deputy superintendent of police, seeking implementation on judgement of services tribunal in his seniority case.
The petitioner, who was represented by advocate Saleemuddin Patoli, said that he was appointed in police department on Aug 24, 1991, and his service was regularised in 1994.
He said since start of his service, his seniority was rightly accepted by the PPO in a list issued in 1998, as he was placed at serial number 33. He said that in 1999 another list of seniority was issued wherein his seniority was changed without assigning any reason whatsoever, and private respondents were assigned better seniority positions.
He said subsequently without deciding his representations, the PPO issued a so-called provisional seniority list. He maintained that he filed another representations against the provisional list but it was not responded and he had to file an appeal before the Sindh Services Tribunal.
He said the appeal was contested on the grounds of maintainability as the said appeal was directed allegedly against provisional seniority list.
He said the tribunal allowed his appeal and its judgement was not challenged before the supreme court as such the same attained finality.
He said non-implementation of judgement of the tribunal reflects attitude of respondents towards verdicts of courts of law and tribunals.
He said he approached respondents on Dec 12, 2007, and through applications to seek implementation on order, passed by the tribunal but they didn’t not pay attention to it for which they were bound to implement and disobedience of such decision amounts to contempt of court.
He said that under relevant law, the tribunal was not vested with powers to execute its orders as such the jurisdiction of this court was being invoked as there was no alternative remedy available. He prayed the court to direct respondents to implement judgement of the tribunal dated July 23, 2007, without delay.