| Citation(s) |
|---|
| 1986 SLG 1896 1986 SLD 1896 1986 PLC 102 |
Federal Service Tribunal, Islamabad
Appeal No. 120 (L) of 1981, decided on 28th May, 1984.
MUHAMMAD IRSHAD KHAN AND ABDUR RASHID, MEMBERS
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Appeal No. 120 (L) of 1981, decided on 28th May, 1984.
MUHAMMAD IRSHAD KHAN AND ABDUR RASHID, MEMBERS
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Syed ATIQ AHMAD
VS
SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS and others
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)-- ---S. 4--Limitation Act (IX of 1908), S. 5--Delay--Condonation of-Appellant challenging order of termination of service under bona fide belief that same was coram non judice filing writ petition before High Court--Writ petition admitted for regular hearing but during hearing it transpired that impugned order could be challenged before Service Tribunal and counsel of appellant submitting that he would withdraw writ petition in order to approach Service Tribunal--Departmental representation still undecided--Appellant vigilantly pursuing his remedy in good faith before Departmental authorities and High Court--Delay, in circumstances, held, accounted for to satisfaction of Tribunal hence condoned. (b) Corporation Employees (Special Powers) Ordinance (XIII of 1978)- ---S. 3--West Pakistan Auqaf Service Rules, 1972, Auqaf (Federal Control) (Repeal) Ordinance (XXII of 1979), S. 3--Appointment as Assistant Manager--Services terminated on plea that same was made on political considerations under directions of Minister for Auqaf and in violation of rules requiring advertisement of post--Rules not specifically providing for advertisement of posts--Appointee possessing requisite qualifications and appointment made in recognition of meritorious services and sacrifices rendered by appointees family for defence of country-Appointment, in circumstances, held, could not and must not be considered as irregular political appointment--Service Tribunal setting aside impugned order with directions that appellant shall be re-instated from date of removal and shall be deemed to have been allocated to Province of Punjab in pursuance of S. 3 of Auqaf (Federal Control) (Repeal) Ordinance, 1979 read with Federal Government's Order, dated 15-4-1979. Appellant in person. Hafiz Tariq Naseem for Respondents. Date of hearing: 23rd May, 1984. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER)----- The case of the appellant, briefly speaking, is that in December, 1972, he was selected as candidate for appointment as Assistant Manager in the Auqaf Department by the Chief Administrator of Auqaf, Punjab. He joined the Department and on successful completion of…
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