7111/2018 Const. P. Ahmed Habib ul Islam (Petitioner) V/S Govt. of Sindh & Others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Iqbal Kalhoro, Senior Puisne Judge, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
7111/2018 Const. P. Ahmed Habib ul Islam (Petitioner) V/S Govt. of Sindh & Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Iqbal Kalhoro, Senior Puisne Judge, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 12-JUN-23
It is now settled law that the merger of service of civil servants in different Cadres, Services, and Posts of the Government Departments as envisaged under sections 8 and 9 of the SCS Act, 1973, against their Service Rules, is a nullity in the eyes of law and violative of the dicta laid down by the Supreme Court in the cases of Contempt Proceedings against Chief Secretary Sindh and others, Ali Azhar Khan Baloch, and Muhammad Bachal Memon case, supra. The learned AAG has failed to make submissions on the principles laid down in the above judgments and instead has submitted that PMS Rules have been made under the administrative domain by the executive which arguments is negated by the aforesaid judgments.