5965/2019 Const. P. Muhammad Mithal (Petitioner) V/S Province of Sindh & Others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
5965/2019 Const. P. Muhammad Mithal (Petitioner) V/S Province of Sindh & Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 02-MAY-25
The term "absorption" lacks definition in the 1973 Act and its Rules, 1974, but Rule 9-A (1974) governs surplus employee transfers to suitable posts (ideally equivalent grade), this proposition is supported by the decision of the Supreme Court. According to Paragraph 116 of the 2013 SCMR 1752 judgment, clarified that Rule 9-A governs the transfer of surplus employees (due to post abolition or government takeover of their organization) to suitable government posts, provided they meet the qualifications for an equivalent or comparable scale. Seniority in the new cadre starts from the appointment date. 5. The Petitioner has sought his original Accountant BS-15 benefits and upgrades, consistent with Supreme Court rulings. This court accept the plea of the petitioner and direct the respondent's competent authority to reconsider its decision within three months after hearing the Petitioner, in line with those rulings as discussed supra and observation recorded hereinabove. 6. The petition is disposed of in the aforesaid terms.