Law:

Section:

Constitution of Pakistan (1973)-----Art. 212(3)--Martial Law Regulation [C M.L.A.s] No.114--Civil Servants Act (LXXI of 1973), S.13--Retirement from service under Martial Law Regulation No. 114 set aside by Service Tribunal and employee re-instated allowing him consequential benefits--Held, there being only one adverse entry in Annual Confidential Report and thereafter employee having successfully completed probation period and confirmed against his new post, it could be assumed that he had removed defect pointed out in his A. C. R.--Impugned order being unexceptionable as no valid ground existed to order retirement was upheld, and appeal dismissed. Munir A. Sheikh, Deputy Attorney-General with Ch. Akhtar Ali, Advocate-on-Record for Appellant. Fakhruddin G. Ebrahim, Senior Advocate Supreme Court for Respondent No. 1. Bashirullah, Deputy A.-G. (N.-W.F.P.) for Respondent No.2. Date of hearing: 21st October, 1986. JUDGMENT ALI HUSSAIN QAZILBASH, J.--The Federation of Pakistan through the present appeal has impugned the order of the Federal Service Tribunal, dated 31-10-1983, whereby the appeal of Nazir Ahmad Swati respondent was accepted and he was ordered to be re-instated in service with immediate effect with all the consequential benefits thereof. 2. The relevant facts, in brief, are that Nazir Ahmad Swati respondent was initially appointed by the Government of N.-W.F.P. as Civil Judge on 28-11-1962 and was confirmed on 15-6-1970. He was promoted to the post of Senior Civil Judge on 22-7-1970 when in the meantime he was selected by the Central Public Service Commission and was appointed as Deputy Registrar of the Trade Marks, Ministry of Commerce, Government of Pakistan, on 8-9-1970. During his service in the Federal Government on 18th April, 1972 he was retired from service under Martial .Law Regulation No.114 which was challenged by him by way of an appeal before the Service Tribunal. On objection being taken that the respondent was not a civil servant within the meaning of section 2 of the Civil Servants Act, 1973, his appeal was dismissed on 16-7-1975 on the question of lack of jurisdiction by the Service Tribunal-. He…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492