4745/2024 Const. P. Tufail Ahmed Soomro (Petitioner) V/S Fed. of Pakistan and Another (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
4745/2024 Const. P. Tufail Ahmed Soomro (Petitioner) V/S Fed. of Pakistan and Another (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 19-DEC-24
The Supreme Court's judgment, being in rem, applies to all and can be referenced even if the petitioner was not directly involved in the case. However, the Sindh government incorrectly repatriated the petitioner to a non-existent organization at the relevant time. They should have sent him to the Establishment Division as per the Supreme Court's order. But at the same time, we are cognizant of the fact that a non-civil servant does not fall under the category of individuals covered by Section 11-A of the Civil Servants Act, 1973. This section specifically applies to civil servants who are rendered surplus due to the reorganization or abolition of a division, department, or office. Non-civil servants, by definition, are not subject to the provisions of the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the employing organization. Therefore, the provisions of Section 11-A, including the possibility of being posted to another department, would not apply to non-civil servants.