No department could be allowed to absorb any employee of another cadre

Citation Name : 2020 PLC(CS) 50 KARACHI-HIGH-COURT-SINDH
Side Appellant : ABDUL QAYOOM SOLANGI
Side Opponent : PROVINCE OF SINDH
Rr. 9-A, 3(2), 4, 6-A & 7---Surplus employee of a defunct department---Absorption---Conditions---Non-Civil servant---Absorption in Government Department---Scope---Petitioner being employee of defunct Sindh Agricultural Supplies Organization was absorbed in Excise and Taxation Department as Inspector (BS-14)---Excise and Taxation Department repatriated the employee to determine his status whether his initial appointment was as Junior Clerk (BS-5) or Assistant (BS-11)---Validity---Person who had been rendered surplus could be appointed by transfer to any post in a department or office in the Government subject to his eligibility and qualification to such office---Such person was to be appointed to a post of equivalent or comparable basic scale and if such post was not available then to a post of lower basic scale---seniority of such person to the post was to be reckoned at the bottom of the seniority list from the date of such appointment---Non-civil servant could not be appointed by transfer to any other department or organization controlled by the Government to a post which had restricted transfer under R.3(2) of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974---Competent authority while making appointment by transfer could not lose sight of the conditions prescribed under Rr. 4, 6-A & 7 of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974---Petitioner-employee belonged to Sindh Agricultural Supplies Organization whose employees were non-civil servants---Petitioner could not be allowed to be absorbed/retained in Excise and Taxation cadre---Non-civil servant could not be conferred the status of a civil servant, which employee had acquired by absorption in Excise and Taxation Department---No department could be allowed to absorb any employee of another cadre---Order passed by the competent authority for absorption/retaining the employee in Excise and Taxation cadre was not sustainable in law---Competent authority was directed by the High Court to take decision whether employee's initial appointment in defunct department was as Junior Clerk or Assistant and pass appropriate order as provided under R. 9-A of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974---Constitutional petition was disposed of in circumstances.

Citation Name : 2019 PLC(CS) 355 SUPREME-COURT-AZAD-KASHMIR
Side Appellant : QADEER HUSSAIN
Side Opponent : THE APPOINTING AUTHORITY/CHIEF JUSTICE OF HIGH COURT/HIGH COURT OF AZAD JAMMU AND KASHMIR
seniority , determination of---When an employee was senior in lower grade to the other and both were promoted in the next higher grade, the employee who was senior in lower grade would retain his seniority