Sindh High Court stays suspension of Teachers of Education Department

Sindh High Court stays suspension of Teachers of Education Department.

The Sindh High Court (SHC) suspended the education department’s notification regarding the suspension of a large number of teaching and non-teaching staff from Nausheroferoz district.

The interim order came on the petition of many staff members of District Nausheroferoze , who assailed the notification regarding their suspension from jobs by the Secretary Education in the month of November 2014.

It was submitted by us Petitioner’s counsel ( Mr. Irfan Mir Halepota ) that  the petitioners were appointed in the education department from 1989 to 2010 and they were performing their duties in different posts.

The counsel submitted that the Education Department issued a notification whereby the services of a large number of teaching and non-teaching staff, including the petitioners, from several districts of the province were suspended without assigning any reasons and they were ordered to report to the department with immediate effect without any justification or allegation against them.

He submitted that neither any inquiry was conducted nor any opportunity was provided to the petitioners to explain the allegations. He submitted that the notification was based on mala fide intention, and prayed the court to set aside the impugned notification.

After the preliminary hearing, the division bench issued notices to the Sindh advocate general and secretary education among others, calling their comments.

The Honourable court also ordered that the notification shall remain suspended till the next date of hearing.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

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Law Firm in Pakistan dealing with Civil Litigation, Commercial, Civil Service, Intellectual Property and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

Labour & Employment Lawyers in Karachi Pakistan

Labour & Employment Lawyers in Karachi Pakistan.

Recommended Law Firm in Karachi Pakistan by Legal 500
Recommended Law Firm in Karachi Pakistan by Legal 500

Labour & Employment attorneys work on cases that deal with problems in the workplace, such as harassment, lay offs, disability claims, etc. A labour law attorney represents employers or employees, generally over the terms and conditions of employment.

Here are the Best Labour & Employment Lawyers in Karachi, Pakistan.

Human Resource is an essential ingredient to any business hence the same is essential for us because of our clients. However, legal protection, legal rights and legal risks, governing employment agreements are most essential.

Therefore the laws and regulations governing relationships between employers and employees are carefully scrutinized before advising our clients as their interest in paramount for us. 

We provide our services to following sectors, doing business in Karachi and other parts of Pakistan:

Airlines, Airport Ground Handling Companies, Banking & Insurance, Car Manufacturers,  Home Textiles, Garment Manufacturing Industries, Leather Tanneries & Leather Product Manufacturers, Electronics, Mining, Hospitals, Chemical Industries, Hard Board Manufacturing Industries, Power Generation Companies, Pharmaceuticals, Stock Exchange, Cable Manufacturing Industries, Communication and Mobile Service Companies, Internet Service Providers, Shipping Terminals, Transportation & Distribution Companies.

Our Law Firm is rated among the top law firms in Pakistan in the field of Human Resources, employment and labour laws.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Submit Your Query For a Legal Advice

 
Law Firm in Pakistan dealing with Commercial, Intellectual Property, Labour, Partnership and Company incorporation Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Sindhi Language Teachers SLT Salaries Cases in High Court of Sindh Karachi

In the year 2012-2013 some Sindhi Language Teachers (SLT)  were appointed, when Pir Mazhar was Minster of Education Department, Government of Sindh.

In-spite  lapse of many months the salaries were not released by the Sindh Government, therefore, some of the Teachers have filed petitions before High Court of Sindh Karachi for release of their salaries as they are regularly performing their duties.

The Education Department Government of Sindh has raised plea that Teachers have been appointed by Former Minister in violation of rules, therefore the appointments illegal.

In this situation this is a very important question that if the appointments are illegal then why the services of these Teachers have not been terminated by the Education Department, Government of Sindh.

It is also very interesting point that majority of the Teachers who were appointed in the year 2012-13 were also directed to work in polling Stations in the Elections of 2013.

It is a well settled principle of Islamic law as well as followed by apex Courts i.e. Honourable Supreme Court that a worker must be paid his / her wages as soon as possible.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

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For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Personal Injury Law in Pakistan

Work Place Accidents – If you have had a personal injury or an accident at work which was not your fault then you could be entitled to a claim.

We negotiate hard to make sure you get what you are entitled to.

Examples of work place accident claims are accidents on a building site, shop, restaurant, warehouse, farm, factory or in an office.

Slip/Trips Accidents – This is one of the most common types of accident that people have. Even a simple slip can result in very serious injuries to the back, broken bones and head injuries. A lot of the trips and slips can occur in the work environment due to poor health and safety. You may be awarded damages if the slip or trip was not your fault. Whatever the cause of your trip or slip there is a possibility that you may be entitled to compensation. You shouldcontact us for advice.

Road Traffic Accidents – If you have been involved in a road traffic accident which was not your fault then you may be entitled to make a personal injury claim.

If you are a passenger in a collision then the claim will be made against the insurance company of the person who is responsible for the accident occurring.

If the accident occurs when you are out of the country you may also be eligible to a claim.

We can also help you with:

  • Accidents in public places.
  • Children’s accidents.
  • Head injury claims.
  • Spinal injury claims.
  • Fatal accident claims.
  • Product liability claims.
  • Professional negligence.
  • Public Health claims.
  • Work related upper limb disorders.
  • Industrial accidents and diseases.
  • Work place illnesses.
  • Criminal Injuries Compensation.

Fell Free to Contact Us for detailed consultation.

Telephone: 0321-2057582

Regular Website:  http://www.irfanlaw.com

 

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


The Civil Servants Act, 1973

The Civil Servants Act, 1973 is an Act to regulate the appointment of persons to, and the terms and conditions of service of persons in, the service of Pakistan.

Appointments to an All-Pakistan Service or to a civil service of the Federation or to a civil post in connection with the affairs of the Federation, including any civil post connected with defence, shall be made in the prescribed manner by the President or by a person authorised by the President in that behalf.

An initial appointment to a service or post not being an ad hoc appointment, shall be on probation as may be prescribed. Any appointment of a civil servant by promotion or transfer to a service or post may also be made in probation as may be prescribed.
Where, in respect of any service or post, the satisfactory completion of probation includes the passing of a prescribed examination, test or course or successful completion of any training, a person appointed on probation to such service or post who, before the expiry of the original or extended period of his probation has failed to pass such examination or test or to successfully complete course or the training shall, except as may be prescribed otherwise,–
(a) if he was appointed to such service or post by initial recruitment, be discharged ; or
(b) if he was appointed to such service or post by promotion or transfer, be reverted to the service or post from which he was promoted or transferred and against which he holds a lien or, if there be no such service or post, be discharged

A person appointed on probation shall, on satisfactory completion of his probation, be eligible for confirmation in a service or, as the case may be, a post as may be prescribed.

A civil servant promoted to a post on regular basis shall be eligible for confirmation after rendering satisfactory service for the period prescribed for confirmation therein.
For proper administration of a service, cadre or [post] the appointing authority shall cause a seniority list of the members for the time being of such service, cadre or [post] to be prepared, but nothing herein contained shall be construed to confer any vested right to a particular seniority in such service, cadre or [post], as the case may be.
The seniority of a civil servant shall be reckoned in relation to other civil servants belonging to the same [service or cadre] whether serving in the same department or office or not, as may be prescribed. Seniority on initial appointment to a service, cadre or post shall be determined as may be prescribed. Seniority in [a post, service or cadre] to which a civil servant is promoted shall take effect from the date of regular appointment to that post:
Provided that civil servants who are selected for promotion to a higher [post] in one batch shall, on their promotion to the higher [post]. retain their inter se seniority as in the lower [post].

A civil servant possessing such minimum qualifications as may be prescribed shall be eligible for promotion to a [higher] post for the time being reserved under the rules for departmental promotion in the service or cadre to which he belongs.
(2) A post referred to in sub-section (1) may either be a selection post or a non selection post to which promotions shall be made as may be prescribed-
(i) in the case of a selection post, on the basis of selection on merit; and
(ii) in the case of a non-selection post, on the basis of seniority-cum-fitness.

Every civil servant is to be liable to serve any where within or outside Pakistan, in any post under the Federal Government, or any Provincial Government or local authority, or a corporation or body set up or established by any such Government. Provided that nothing contained in this section shall apply to a civil servant recruited specifically to serve in a particular area or region :

The service of a civil servant may be terminated without notice-
(i) during the initial or extended period of his probation :
Provided that, where such civil servant is appointed by promotion on probation or, as the case may be, is transferred from one [service], cadre or post to another [service] cadre or post, his service shall not be so terminated so long as he holds a lien against his former post in such [service] cadre or post but he shall be reverted to his former [service], cadre or post as the case may be;
(ii) on the expiry of the initial or extended period of his employment; or
(iii) if the appointment is made ad hoc terminable on the appointment of a person on the recommendation of the selection authority, on the appointment of such person.
(2) Where, on the abolition of a post or reduction in the number of posts in a cadre or [service] the services of a civil servant are required to be terminated, the person whose services are terminated shall ordinarily he the one who is the most junior in such cadre or service.
(3) notwithstanding the provisions of sub-section (1), but subject to the provisions of sub-section (2), the service of a civil servant in temporary employment or appointed ad hoc shall be liable to termination on fourteen days” notice or pay in lieu thereof.
 

A civil servant shall retire from service on the completion of the sixtieth year of his age.

A retired civil servant shall not be re-employed under the Federal Government, unless such re-employment is necessary in the public interest and is made with the prior approval of the authority next above the appointing authority :
Provided that, where the appointing authority is the President, such re-employment may be ordered with the approval of the President.
(2) Subject to the provisions of sub-section (1) of section 3 of the Ex-Government Servants (Employment with Foreign Governments) (Prohibition) Act, 1966 (XII of 1966), a civil servant may, during leave preparatory to retirement, or after retirement from Government service, seek any private employment:
Provided that, where employment is sought by a civil servant while on leave preparatory to retirement or within two years of the date of his retirement, he shall obtain the prior approval of the prescribed authority.

Where a right to prefer an appeal or apply for review in respect of any order relating to the terms and conditions of his service is provided to a civil servant under any rules applicable to him.such appeal or application shall, except as may be otherwise prescribed be made within thirty days of the date of such order.
(2) Where no provision for appeal or review exists under the rules in respect of any order or class of orders, a civil servant aggrieved by any such order -nay. within thirty days of the communication to him of such order, make a representation against it to the authority next above the authority which made the order:
Provided that no representation shall lie on matters relating to the determination of fitness of a person to hold a particular post or to be promoted to a higher post or grade.

 

Fell Free to Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  http://www.irfanlaw.com

 

Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Civil Service and Employment Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

Chairman Anti-Corruption Sindh explain how working Papers for Promotion prepared, without preparation and circulation of Final Seniority List

The Order of Sindh Service Tribunal dated: 16.08.2013

Mr. Irfan Mir Halepoto, Advocate alognwith the appellant.

Notice to the respondents for 20.08.2013.

The learned Advocate for the appellant undertakes to take notices by hand and get same served on all the three respondents.

In the meanwhile the respondent No. 2, the Chairman, Anti Corruption Establishment is directed to produce the authenticated copy of the final seniority list if an in pursuance of provisional seniority list dated 28.03.2013. The respondent No. 2 is however directed to produce the entire record pertaining to any contemplated promotion from Assistant Director to Deputy Director. If no final Seniority List has been prepared as stated by the learned counsel for the appellant, the Respondent No. 2 (the Chairman, Anti Corruption Establishment) should explain as to how the working paper if any has been prepared for considering the promotion from the post of Assistant Director (Executive) (BPS-17) to the post of Deputy Director (BS-18) in Anticorruption Establishment.

The Section Officer-III, S&GAD is directed to appear in person alongwith working paper if any and all relevant documents including seniority list pertaining to the appellant and his batch mates.

 

If you require more information, Feel Free to Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  http://www.irfanlaw.com

 

Law Firm based in Karachi and Hyderabad having well experienced Advocates and Lawyers in the fields of Civil Service Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

Civil Service Lawyers in Karachi, Hyderabad and Sukkur

Irfan Mir Halepota & Associates is well-recognized and reputed for its Civil Service Law practice in Pakistan including Karachi and Islamabad. Irfan Mir Halepota is Advocate Supreme Court of Pakistan, Majority of Top Bureaucrats and Civil Servants in Sindh, Punjab and Islamabad are our Clients.

We provide legal services for preparation of replies to the Show Cause Notice, reply to Explanation, preparation of defences in departmental inquiry proceedings.

If you have not availed our services during departmental proceedings and have been punished by the department for any misconduct as alleged in the Show Cause Notice and as per inquiry report the charges have been proved, in that case. We can also provide our best legal services to you for preparation of Departmental Appeal before the Departmental Authorities.

As per Civil Service Law of Provinces and Federal Government of Pakistan, if the departmental appeal is not decided within the statutory period then the Civil Servant has right to approach the concerned Service Tribunal at Karachi, Lahore or Islamabad.

Under the Article 212 of the Islamic Republic of Pakistan, only the Service Tribunal has jurisdiction to entertain the matters relating to Terms and conditions of Civil Service. A Suit before the Civil Court is not maintainable under the law, if any suit is filed or entertained by the Civil Court then it will be clear violation of the Law of the Land and will amount miscarriage of justice.

We have represented many clients specially School teachers who were serving the Department but their salaries were not released and they were working for a long period without any salary. The Service Tribunal has passed the order whereby the salaries of the concerned School Teachers have been released by the department.

Recently, the Sindh government has finally reversed the promotion of 59 police officers, complying with the orders of the Honourable Supreme Court of Pakistan. Apart from these Police Officer many employees of Sindh Government have been repatriated and reverted by the concerned departments in light of judgment of Honourable Supreme Court.

We have assisting many employees / Civil Servants who have been punished by the concerned department with clear misinterpretation of the judgement of the Honourable Supreme Court and their representation and departmental appeal have been prepared and filed before the competent authorities and after lapse of statutory period their appeals will be filed before the competent forum i.e. Service Tribunal.

We have also started a setup in Sukkur on alternate Sunday to provide consultancy and legal services to our clients relating the matters before the Sindh Services Tribunal, Federal Services Tribunal, High Court of Sindh at Karachi and Supreme Court of Pakistan.

If you require more information, Feel Free to Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  https://www.irfanlaw.com

 

Law Firm based in Karachi and Hyderabad having well experienced Advocates and Lawyers in the fields of Civil Service Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582