| Citation(s) |
|---|
| 1988 SLG 2474 1988 SLD 2474 1988 SCMR 1175 |
Supreme Court of Pakistan
Civil Appeal No. 852 of 1984, decided on 19th April, 1988. (Against the Order and Judgment of the Federal Service Tribunal, Islamabad Dated 28-2-1984, passed in Appeal No. 74(R) of 1982). Date of hearing: 19th April, 1988.
MUHAMMAD HALEEM, C. J. , NASIM HASAN SHAH AND SHAFIUR RALNNAN, JJ
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Civil Appeal No. 852 of 1984, decided on 19th April, 1988. (Against the Order and Judgment of the Federal Service Tribunal, Islamabad Dated 28-2-1984, passed in Appeal No. 74(R) of 1982). Date of hearing: 19th April, 1988.
MUHAMMAD HALEEM, C. J. , NASIM HASAN SHAH AND SHAFIUR RALNNAN, JJ
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FEDERATION OF PAKISTAN and another--Appellants
VS
ALI ASGHAR KHAN---Respondent
Law: Political Parties Order (20 of 2002)
Section: 4,3(1)
Law: Constitution of Pakistan, 1973
Section: 212(3)
Law: Civil Servants Act, 1973
Section: 2(b)
(a) Population Welfare Planning Programme (Appointment and Termination of Service) Ordinance (XIV of 1981)-- ---S.4--Constitution of Pakistan (1973), Art. 212(3)--Dismissal from service--Leave to appeal granted to examine whether prior to his dismissal from service on 22-11-1981, Civil Servant had not ceased to be a Civil Servant from 11-5-1981 and on that account Service Tribunal had no jurisdiction to entertain his appeal. (b) Population Welfare Planning Programme (Appointment and Termination of Service) Ordinance (XIV of 1981)— ---Ss.3(1) 4--Civil Servants Act (LXXI of 1973), S.2(b)--Status of employee-- Determination--Reference was to be made to Federal Public Service Commission, notwithstanding anything contained in the Federal Public Service Commission Ordinance, 1977 and the Rules framed thereunder or the Civil Servants Act, 1973 and the Rules framed thereunder--Employee would be deemed to be Civil Servant under S.3(1) of the Ordinance only when recommendations were received from the Commission in conformity with S.4 of the Act of 1973--Person not employed in term of S.3(1) of the Ordinance would not be a Civil Servant. ` Riaz Ahmed Baig v. Secretary, Population Division 1983 P L C (C.S.) 536; Federation of Pakistan v. Riaz Ahmad Baig 1984 SCMR 759 and Mian Muhammad Shafa v. Secretary, Population Division, Islamabad and 2 others 1986 P L C (C . S .) 1 ref. (c) Population Welfare Planning Programme (Appointment and Termination of Service) Ordinance (XIV of 1981)-- --Ss.3 4--Civil Servants Act (LXXI of 1973, S.12-A--Dismissal from service--Suspension--After coming into force of Ordinance only those persons who were appointed under S.3(1) of the Ordinance could be deemed to be civil servants and the others notwithstanding the fact that they had been the civil servants earlier were relegated to the position of the employees of the Federal Government not falling in the category of civil servants or ceasing to be civil servants as such--Such employees, could not, strictly speaking, have recourse to Service Tribunal for getting their rights in service established-Provisions of law were not required to be incoporated in…
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