Law: Constitution of Pakistan, 1973

Section: 212(3)

Civil Servants Act (LXXI of 1973)--S.11(3)--Constitution of Pakistan (1973), Art.212(3)--Temporary appointment held by an employee could be terminated only by the authority competent to make appointment on that post, if exigencies of service so required-Termination of employee by a person not competent to terminate his employment was not valid--Objection as to competency of initial appointment of employee being ab-initio void raised for the first time before Supreme Court was not warranted--No question of law of public importance was involved to be examined by the Supreme Court--Leave refused. MA. Siddiqui, Deputy Attorney-General and Manzoor Ilahi, Advocafii­on-Record for Petitioners. Nemo for Respondents. Date of hearing: 20th March, 1989. ORDER GHULAM MUJADDID, J.--Secretary to the Government of Pakistan, Population Division, Islamabad, and the Principal, Regional Training Institute (Population), Rawalpindi, seek leave to appeal against the judgment of Federal Service Tribunal, dated 12-12-1987. On 10-3-1981, respondent Syed Nazak Hussain Shah was appointed as Mali by the Principal, Regional Training Institute, Rawalpindi. The appointment was "purely temporary, non-pensionable and terminable at any time without assigning any cause or notice". Subsequently the appointment was regularized by office order, dated 13-12-1981 as the Departmental Selection Committee found the respondent suitable. On 26-8-1984 the Principal, Regional Training Institute terminated the services of the petitioner on the ground that his services were no longer required. Syed Nazak Hussain Shah filed appeal before the Federal Service…

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