The Sindh High Court (SHC) has ordered the Sindh Assembly Secretary to allow a former Intelligence Bureau (IB) Sub-Inspector to become Deputy Secretary by withdrawing a notification regarding his repatriation.
The leadership came upon a petition from Zubair Javed who had challenged the notification regarding his repatriation from the Sindh Assembly Secretariat to his home department IB.
A lawyer for the petitioner stated that he worked as a sub-inspector in the International Bureau and that he applied for the post of deputy secretary of the Sindh Assembly after obtaining a certificate of no objection from the competent authority.
Counsel argued that the Applicant had been appointed Assistant Secretary through a competitive process and had been relieved of the IB to join his current role.
He stated that the Applicant was not appointed on a transfer basis, nor was he an absorbed employee, as he was appointed under a regular process of initial appointment by an appropriate channel.
Counsel for the State and the Respondent argued that the present petition is not admissible in court on the premise that the petitioner’s grievance falls within the purview of the Sindh Service Tribunal as required by Section 212 of the Constitution .
They said that in the event that the petitioner makes a departmental representation/appeal to the competent authority of the provincial assembly on the verification of his service/selection record and personnel file, he would have a fair opportunity to prove his continuing case in the respondent. assembly subject to its service profile.
They further argued that if the petitioner was still aggrieved by the order made on his appeal, he could appeal to the Sindh Service Tribunal under Section 4 of the Sindh Service Tribunal Act, 1973.
It has been argued that the High Court lacked jurisdiction to hear the case under Section 212 of the Constitution.
After hearing the arguments in the case, a division bench of the High Court consisting of Justice Naimatullah Phulpoto and Justice Adnanul Karim Memon observed that matters relating to the terms and conditions of employment of Sindh Assembly employees were governed by the rules (recruitment) of the Sindh Assembly Secretariat. , 1974 read with the Sindh Provincial Assembly Secretariat (Appointment, Promotion and Transfer) Rules, 1975 and other enabling legislation.
The CHS observed that it appears from the record that the Applicant was appointed Deputy Secretary (BS-18) of the Sindh Assembly through a competitive process, see a notification on 20 February 2019 and the disputed notification issued by the secretary of the
The Sindh Assembly was founded on faulty premises for the simple reason that
the petitioner had not been shown either working in the deputation or absorbed in the secretariat of the provincial assembly.
The chamber noted that the applicant’s case was not covered by the judgment of the Supreme Court regarding the repatriation of deputy and absorbed employees.
The SHC granted the request and ordered the competent authority of the provincial assembly to withdraw the disputed notification concerning the repatriation of the applicant to his former department and ordered him to allow him to join the provincial assembly of the Sindh as Assistant Secretary (BS-18).