| Citation(s) |
|---|
| 2017 SLG 1457 2017 SLD 1457 2017 PLC 203 |
Supreme Court of Pakistan
Civil Appeals Nos. 6 and 724 of 2016, decided on 11th July, 2016. Date of hearing: 11th July, 2016. (On appeal from the judgment of the Federal Service Tribunal, Islamabad Dated 27-4-2015 passed in Appeal No. 842(R)CS of 2009 and Dated 10-6-2015 passed in
SH AZMAT SAEED, JUSTICE
Nayyab Hassan Gardezi, Standing Counsel, Raja Abdul Ghafoor, Advocate-on-Record and Fayyaz Ahmed, AD (Legal) for Appellants. Hafiz S.A. Rehman, Senior Advocate Supreme Court for
Respondents (in C.A. No. 6 of 2016). Mahmood A. Sheikh, Advocate-on-Record
Civil Appeals Nos. 6 and 724 of 2016, decided on 11th July, 2016. Date of hearing: 11th July, 2016. (On appeal from the judgment of the Federal Service Tribunal, Islamabad Dated 27-4-2015 passed in Appeal No. 842(R)CS of 2009 and Dated 10-6-2015 passed in
SH AZMAT SAEED, JUSTICE
Nayyab Hassan Gardezi, Standing Counsel, Raja Abdul Ghafoor, Advocate-on-Record and Fayyaz Ahmed, AD (Legal) for Appellants. Hafiz S.A. Rehman, Senior Advocate Supreme Court for
Respondents (in C.A. No. 6 of 2016). Mahmood A. Sheikh, Advocate-on-Record
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF FOREIGN AFFAIRS, ISLAMABAD AND OTHERS
VS
ALI NASEEM AND OTHERS
Law:
Section:
THIS JUDGMENT DELIVERED BY: SH. AZMAT SAEED, JUSTICE:---.--- Through this judgment, it is proposed to decide Civil Appeals Nos.06 and 724 of 2016, involving common questions of law and facts. 2. The brief facts necessary for adjudication of the lis at hand are that the Respondents in both the instant Civil Appeals were variously employed locally in the Pakistani Missions Abroad, whose services were terminated. After rejection of the Departmental Appeals filed by the present Respondents, both separately invoked the jurisdiction of the learned Federal Service Tribunal, Islamabad (FST), wherein their respective appeals were accepted by way of the impugned judgments. The Appellants unsuccessfully had taken up the plea before the learned Tribunal that the Respondents were not Civil Servants; hence, they were not entitled under the law to file the Appeals before the learned FST. 3. In Civil Appeal No.6 of 2016, Respondent Ali Naseem was apparently employed on 12.8.1991 by the Embassy of Pakistan in Paris, France as a Stenotypist and vide letter dated 25.09.2000, his services were terminated with effect from the said date. The said Respondent filed a Departmental Appeal, which was eventually rejected on 16.07.2009, which order was challenged in Appeal before the learned FST. The learned FST accepted the Appeal vide judgment impugned dated 27.04.2015. Aggrieved, the present Appellants filed Civil Petition for Leave to Appeal No.1865 of 2015 before this Court, wherein Leave to Appeal was granted vide Order dated 05.01.2016. Hence, this Civil Appeal. 4. Abdul Ghafoor Malik Respondent in Civil Appeal No.724 of 2016, was appointed on temporary basis with effect from 23.01.1990 as Local Messenger in the Welfare Wing, Consulate General of Pakistan, Jeddah, Saudi Arabia. Such employment was extended periodically. Having been found guilty of misconduct, inefficiency as well as causing "suffering to a Pakistani National", the services of Respondent Abdul Ghafoor Malik were terminated vide Office Order dated 23.11.2014 issued by the Consulate General of Pakistan, Jeddah, Saudi Arabia. The Respondent Abdul Ghafoor Malik filed a Departmental Appeal, which was rejected on…
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