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APPEAL BEFORE SERVICE TRIBUNAL
IN THE SINDH SERVICE TRIBUNAL AT KARACHI
Appeal No. of 2007.
Muhammad
Rahim Arbab Nohri S/o
Jan
Muhammad, muslim, adult, R/o
House
No.860, GOR,
Hyderabad……………….………………….……Appellant
VERSUS
1.The
Senior Member,
Board
of Revenue, Sindh,
Karachi.
2.The
Member,
Reforms
Wing and Special Cell,
Board
of Revenue, Sindh.
3.The
Director,
Settlements
Survey and Land Records,
Government
of Sindh, at Rani Bagh,
Hyderabad.
4.Jaswant
Rai S/o Not known
5.Ghulam
Rasool Jokhio S/o Not known
6.Rasool
Bux Shah S/o Not known
Respondents No.4 to 6
are to be served
through Respondent
NO.3…………….………………Respondents
APPEAL
UNDER SECTION 4 OF THE SERVICE
TRIBUNAL
ACT 1973
Being highly aggrieved and
dissatisfied with the Order of cancellation of appointment as ASSISTANT BPS-11,
by the Respondent NO.2 on 04th September, 07 (Annexure A/1 refers),
against which the humble appellant named above preferred Departmental Appeal on
21st September, 07 (Annexure A/2 refers), which is not yet responded
even after lapse of the stipulated period of 60-days which expired on 17th
November, 07, hence this appeal on following facts and grounds:-
1.
That the appellant was appointed as Junior Clerk under
Respondent NO.3 on 29.3.1987.
2.
That during his service career work and conduct of the
appellant was unblemished. Moreover being always ready to learn he during
service improved his professional qualification and earned the degree of
graduation.
3.
That in recognition of his efficient services, the
Appellant was awarded an appreciation certificate on 30.11.2005, which is
annexed herewith as Annexure A/3.
4.
That in appreciation of his meritorious service, even
being junior most, on the same day i.e.30.11.2005 the appellant was given an
officiating charge of the vacant post of ASSISTANT which continued for almost
two years. The said order is annexed herewith as Annexure A/4.
5.
That since the post of ASSISTANT was essentially
required to meet the daily work in the office and there was no suitable
candidate available to be promoted in the light of seniority cum fitness basis,
for which the said post was filled in by the junior most official, as such, the
appellant was appointed on the post of ASSISTANT in BPS-11 by the Respondent
No.3 vide order dated 28.02.07. Copy of the said order is filed herewith as
Annexure A/5.
6.
That on meritorious appointment of the Appellant as
Assistant, private respondents felt prejudice, against which they filed joint
representation to the Respondent NO.2. Noteworthy to mention here that the said
form of representation is not permissible in law as such the same could not be
considered at all. Copy of the said representation is annexed herewith as
Annexure A/6.
7.
That on the above said representation, comments were
called from the Respondent NO.3, who vide his letter dated 26.5.2007 commented
that the reason of appointing the appellant was his exceptional performance,
though he was appointed without recommendation of Departmental Promotion Committee.
It is to clear, that the Appellant was
not promoted but appointed as such there was no room for holding meeting or
recommendation of Departmental Promotion Committee. The said comments are filed
herewith as Annexure A/7.
8.
That subsequently once again, without any
justification, comments were called from the Respondent
NO.3 who commented through his letter dated 04.08.2007 that since the post of
Assistant is to be filled in by way of 75% promotion from the staff and 25% by
initial recruitment as such the Appellant was appointed a fresh on 25% quota
reserved for initial recruitment on consideration of his extra ordinary
performance. The said comments are produced herewith as Annexure A/8.
9.
That after sending comments (Annexure A/8 refers), the
Respondent NO.3, assigned officiating charge of Superintendent to the Appellant
vide his order dated 30.08.2007 which shows that the very officer/ immediate
boss of the Appellant was very much satisfied with the work and conduct with
the Appellant.
10.
That subsequently without calling any explanation from
the appellant, the Respondent NO.2 held appointment order (Annexure A/1 refers)
of the appellant without lawful authority, null, void and without any effect
what-so-ever.
11.
That the said order was passed against the appellant on
the basis that the appellant was appointed in deviation / violation of existing
rules. Further it was held that the appellant was appointed without any
advertisement in press during ban by the Respondent NO.3 who was not competent
to appoint him. It was further ordered that the amount received as Assistant by
the Appellant should also be recovered.
12.
That feeling highly aggrieved and dissatisfied with the
above said order, the appellant Appeal preferred
departmental appeal/representation on 21.09.2007 which has not yet been decided
even after lapse of statutory period of 60 days copy of which is filed herewith
as Annexure A/2, hence this appeal on following amongst other grounds:-
G R O U N D S
A)That the
impugned order is illegal, void abinitio and malafide.
B)That the
during his officiating period which continued for two years no body made any
representation against the appellant but on his appointment they all suddenly wakeup from deep slumber.
C)That the
impugned order was passed on joint representation which is not permissible in
law as such the impugned order is unsustainable in law and malafide too.
D)That
comments submitted by the Respondent NO.3 were not given due weight which
establishes malafide on the part of respondent NO.2.
E)That
before passing impugned order, no show cause notice or explanation was served
on the appellant as such he was condemned unheard.
F)That the
appellant was appointed on the basis of 25% quota which is reserved for fresh
appointments as such no prejudice had caused to private respondents.
G)That the
post of ASSISTANT is of BPS-11 for which the Respondent NO.3 is very much
competent to appoint any person as such the appointment of appellant cannot be
termed as incompetent order.
H)That as
alleged, if the appointment was made in deviation of rule and law and the
appellant was appointed during ban, even then, the appellant cannot be
penalized but the appointing authority should be penalized who passed the said
order.
I)That
from the contents of the Representation of the private respondent and the
impugned order it is apparent that the competence of the appellant is not
questioned or doubted at all but only the right of promotion of some seniors
were infringed.
J)That the
promotion is not a right as such the representation of private respondents is
illegal and malafide.
K)That
order of recovery of amount received as salary by the
Appellant as Assistant is illegal as the appellant rendered service for the
said post and was and utilized fully by the Department.
L)That the
appeal is in time.
M)That
more grounds may be urged at the time of arguments at the time of arguments.
P R A Y E R
On
consideration of the facts and grounds above mentioned t is humbly prayed that
this Hon’ble Tribunal may be pleased to set aside the impugned order (Annexure
A/ ) and restore the appellant to the
post of ASSISTANT with all consequential
benefits. Award any other relief as deemed just and proper.
Karachi, A P P E L LA N T
November,
07
Advocate for Appellant
On behalf of Appellant
For Immediate Use
IN THE SINDH
SERVICE TRIBUNAL AT KARACHI
Appeal No. of 2007
Abdul
Rahim Arbab Nohri…………… …………………………………Appellant
V E R S U S
The
Senior Member Board of Revenue & others…………………..…Respondents
A F F I D A V I T
I, Abdul Rahim Arbab Nohri S/o Jan Muhammad,
muslim, adult,, r/o
Hyderabad do hereby state on oath as under :-
1. That I am
the Appellant in the above matter and know the facts of the case well.
2. That the
accompanying memo of Appeal filed by me bears true facts which are not repeated
here for brevity sake and the same be read as such.
3. That I have
not concealed or suppressed any thing which may otherwise be necessary for the
disposal of this Petition.
4. That unless
the accompanying Appeal is allowed, I shall be seriously prejudiced for none of
my fault.
5. That justice
and equity require that the accompanying Petition be allowed.
Whatever
stated above is true and correct.
Karachi, D E P O N E N T
I know the
deponent and identify him to the Commissioner for taking oath.
A D V O C A T E
On oath
before me this the day of
November 2007 by the deponent above named, duly identified by Mr. , Advocate, who is
personally known to me.
Contents of
the Affidavit have been read over by the deponent himself who appears to have
under stood the same perfectly and puts his signature in my presence.
COMMISSIONER
FOR TAKING OATH
For Immediate Use
IN THE SINDH
SERVICE TRIBUNAL AT KARACHI
Appeal No. of 2007
Abdul
Rahim Arbab Nohri…………… …………………………………Appellant
V E R S U S
The
Senior Member Board of Revenue & others…………………..…Respondents
A F F I D A V I T
I,
Abdul Rahim Arbab Nohri S/o Jan Muhammad, muslim, adult,, r/o Hyderabad do
hereby state on oath as under :-
1. That
being the Petitioner in the above matter I, know the facts of the case well.
2. That the accompanying Application has
been drafted and filed by my Advocate under my instructions contents whereof
are true and correct which I treat and adopt as a part of this Affidavit and do
not repeat the same for brevity sake.
3. That I have not concealed any thing
which is necessary for the disposal of the case.
4. That balance of convenience lies in my
favour.
5. That prima facie I have good and
arguable case.
Contd…………..P/2……….
Page…………………………2.
6. That unless the accompanying Application
is allowed the I may suffer irreparable loss and injury.
7.. That justice and equity require that the
annexed application be allowed.
Whatever stated above is true and
correct to the best of my knowledge, information and belief.
Hyderabad, D
E P O N E N T
November, 2007.
I know the deponent and verify him to
the Commissioner for taking oath.
A
D V O C A T E
On oath before me this of November, 07, by the
deponent above named duly identified by MR. , who is personally
known to me.
The contents of the
Affidavit have been read over and explained tot he deponent who appears to have
understood the same and puts his signature in my presence.
COMMISSIONER
FOR TAKING OATH
IN THE SINDH
SERVICE TRIBUNAL AT KARACHI
Appeal No. of 2007
Abdul
Rahim Arbab Nohri…………… …………………………………Appellant
V E R S U S
The
Senior Member Board of Revenue & others…………………..…Respondents
APPLICATION
UNDER ORDER 39 RULE 1 & 2
READEWITH
SECTION 151 CPC
It is humbly prayed on behalf of the Petitioner above
named that this Hon'ble Court may be pleased to restrain the above named
respondents from giving effect to the RECOVERY
(Annexure P/ refers) as the
said order will curtail the salary of the Petitioner for none of his proved
fault.
This is prayed in the interest of
justice.
An affidavit in support hereof is
attached herewith.
Hyderabad, Advocate
for Petitioner
November, 2007.
IN THE SINDH SERVICE TRIBUNAL AT KARACHI
Appeal No. of 2007
Abdul
Rahim Arbab Nohri…………… …………………………………Appellant
V E R S U S
The
Senior Member Board of Revenue & others…………………..…Respondents
I N D E X
******************************************************************
S.No. Particulars Annexure Pages
******************************************************************
1. Memo of Appeal ******** 1 – 9
2. Affidavit ******** 11
3. Stay Application ******** 13
4. Affidavit ******** 15 - 17
5. Office Order dated 4.9.07
A/1 19
- 21
6. Departmental Appeal A/2
23 – 25
7. Office Order dated 30.11.05 A/3 27
8. Appreciation Certificate A/4 29
9. Office Order dt.28.02.07 A/5 31
10. Representation A/6 33 - 35
11. Letter dated 26.05.07 A/7 37
12. Letter dated 04.08.07 A/8 39 - 41
43. Vakalatnama ******** 43
************************************************************************************************************************************
Karachi,
Advocate for Appellant
November, 07.
SUIT FOR RECOVERY OF RS. 10,00,000.00 (RUPEES TEN LACS ONLY), UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE
IN THE COURT OF DISTRICT &
SESSION JUDGE, CENTRAL AT KARACHI
Civil Suit No. / 2006
Zaheeruddin
Babar
S/o
Wazeeruddin,
Muslim,
Adult, R/o H.No. G-85/4,
Malir
Colony, Karachi--------------------------------------------PLAINTIFF
VERSUS
Ahmed
Raza Khan
D/o
Riyasat Khan (since deceased)
Through
his surviving legal heirs
1. Mst. Salma W/o Ahmed Raza
Khan.
2. Usman S/o Ahmed Raza Khan.
3. Subhan Khan S/o Ahmed Raza
Khan
All
Muslim, Adults, R/o C-156,
Block-I,
North Nazimabad, Karachi.-------------------------DEFENDANTS
SUMMARY CHAPTER SUIT FOR RECOVERY OF RS. 10,00,000.00 (RUPEES TEN LACS ONLY),
UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE
The plaintiff
abovenamed respectfully sheweth as under:
1.
That the plaintiff is law abiding, peace loving and
respectable citizen of Islamic Republic of Pakistan and his whole record is
stainless.
2.
That the deceased namely Ahmed Raza Khan took a loan of
Rs.10,00,000/- (Rupees Ten Lacs Only) from
2
the plaintiff Vide Promissory Note
dated 10-03-2004 and also execute a proper receipt in presence of witnesses and
acknowledged the said loan.
Photocopy of the
Promissory Note & Receipt is enclosed herewith and marked as annexure ‘A
& B’ respectively.
3.
That the deceased namely Ahmed Raza Khan was
required to retired his loan on or before 30th September 2005, but
due to some delaying tactics, he avoided to pay the said amount to the
plaintiff and requested for some more time.
4.
That on 16th November 2005,
unfortunately and accidentally deceased Ahmed Raza Khan died / expired due to
fire in his bedroom, therefore plaintiff waited for some time and not demanded
the said amount from the legal heirs of the deceased due to humanity.
5.
That in
the month of January 2006, plaintiff demanded the amount of loan from the defendants No.1 to 3, as it was their
social, moral, judicial and legal duty.
6.
That the defendants kept the plaintiff under
some false hopes and promises by playing delaying tactics they are still
required to pay the said loan.
7.
That the defendant became greedy and wants to usurp the
amount of the plaintiff with malafide intention and ulterior motives
8.
That the plaintiff is lawfully entitled to recover his
outstanding amount / bounced cheques of Rs. 10,00,000/- (Rupees Ten Lacs) plus
interest 10% per annum.
9.
That the cause of action arose when the deceased Ahmed
Raza Khan obtain loan amounting Rs.10,00,000/- from the plaintiff against
Promissory Note and valid receipt, and the same is continuing day to day till
the final disposal of this suit.
10.
That the plaintiff has adopted the summary chapter
procedure to redress his grievances and residing within the local limits of
P.S. North Nazimabad, which is within the territorial
jurisdiction of this Hon’ble Court.
11.
That proper Court fee is affixed herewith.
PRAYER
In
the light of above facts and circumstances, it is respectfully prayed on behalf
of the plaintiff and against the defendant as under:
a). To pass the Judgment and Decree for Recovery of Rs. 10,00,000/-
(Rupees Ten Lacs Only) in favour of plaintiff and against the defendants, plus
interest at the rate of 10% per annum.
b).Cost of the suit and / or any other
relief, which this Hon’ble Court may deem fit and proper in the circumstances
of the case may be granted.
PLAINTIFF
Karachi.
Dated: -10-06 ADVOCATE FOR THE PLAINTIFF
I, Zaheeruddin Babar S/o
Wazeeruddin, Muslim, Adult, R/o Karachi, the plaintiff in the
above matter do hereby solemnly affirmed and verify on Oath that the contents
of all the above paras including prayer clauses are true and correct to the best
of my knowledge and belief.
Karachi:
Dated: -10-2006 DEPONENT
Identified
by me.
ADVOCATE
Sworn before me on Oath at Karachi by the deponent abovenamed who is
identified to me by MR. NOOR ALAM Advocate, who is known to me personally.
COMMISSIONER
FOR TAKING AFFIDAVITS
DOCUMENT FILED As per
annexures.
DOCUMENTS RELIED UPON Original of the Annexures,
and all
other relevant documents.
ADDRESS OF THE PARTIES As in Title.
ADDRESS FOR SERVICE OF
PLAINTIFF’S COUNSEL. As in Vakalatnama.
IN THE COURT OF DISTRICT &
SESSION JUDGE, CENTRAL AT KARACHI
Civil Suit No. / 2006
Zaheeruddin
Babar-------------------------------------------------PLAINTIFF
VERSUS
Ahmed
Raza Khan (late)
Through
his surviving legal heirs---------------------------DEFENDANTS
APPLICATION
U/O XXXVIII RULE 5 CPC, R/W SECTION 151
CPC.
For the reasons and facts
disclosed in the accompanying affidavit, it is respectfully prayed on behalf of
the plaintiff abovenamed that this Hon’ble Court may be pleased to attach the
properties i.e. (1).Bungalow No. C-156, Block-I, North Nazimabad, Karachi,
(2).Hotel Al-Javahir, situated on Plot No. B-98, Block-H, North Nazimabad,
Karachi, before Judgment, as the plaintiff apprehends that to avoid the payment
of decretal amount, the defendants may disposed off the properties or they can
change the title of the same.
Ad interim orders are also
solicited.
Prayed accordingly in the
interest of justice.
Karachi:
Dated:
-10006 Advocate
for the Plaintiff
IN THE COURT OF DISTRICT &
SESSION JUDGE, CENTRAL AT KARACHI
Civil Suit No. / 2006
Zaheeruddin
Babar-------------------------------------------------PLAINTIFF
VERSUS
Ahmed
Raza Khan (late)
Through
his surviving legal heirs---------------------------DEFENDANTS
AFFIDAVIT
I,
Zaheeruddin Babar S/o Wazeeruddin,
Muslim, Adult, resident of Karachi, do hereby state on oath affirmation as
under:-
1.
That I am plaintiff in the above
suit as well as deponent of this affidavit, as such fully conversant with the
facts of the case.
2.
That the accompanying application has been drafted and
filed under my instructions and for the sake of brevity the contents of the
accompanying application may be treated part of this affidavit.
3.
That I say that the defendant became greedy and it is
serious apprehension that the defendant may transfer or disposed of the
properties mentioned in the main application, hence the accompanying
application.
4.
That I shall be seriously prejudiced and suffer
irreparable loss if the accompanying application is not granted by this Hon’ble
Court.
5.
That whatever has been stated
above is true and correct to the best of my knowledge and belief.
Karachi
Dated: -06/2006 DEPONENT
Identified by me.
ADVOCATE
Sworn on
oath before me by the deponent at Karachi this _____ day of October 2006 by the
deponents above named who are identified to me by MR. NOOR ALAM ADVOCATE, who
is personally known to me.
COMMISSIONER
FOR TAKING AFFIDAVITS.
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