Case Details

Citation(s)
1993 SLG 1406 1993 SLD 1406 1993 PLC 588
Federal Service Tribunal, Islamabad
Old Appeal No. 85(L) of 1986 and New Appeal No. 278(8) of 1989, decided on 26th January, 1993.
RANA RIFAT SAEED AND MISBAHULLAH KHAN:, MEMBERS

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GULZAR HUSSAIN

VS

Law:

Section:

Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----R. 20---Termination of service---Reinstatement---Employee who was on one day casual leave, had fallen sick and sent a medical certificate for extension of leave, but extension was not sanctioned by Authority---Employee who returned after 12 days was terminated by Authority with immediate effect giving him 14 days notice pay on ground of his being a temporary employee--­Employee, though was appointed against a direct and temporary vacancy, but he after successfully completing probation period of 2 years had served Department for more than 6 years---Services of such employee, could not be terminated applying principle of 14 days notice ---Simpliciter termination order passed by Authority against employee, despite he had completed probation period of two years was violative of relevant rules and devoid of any justification. 1987 PLC (C.S.) 758; PLD 1956 SC 331 and 1987 PLC (C.S.) 915 ref. Masud A. Riaz for Appellant. Zakaullah Jan, S.O. D.R. on behalf of Estalishment Division, Iftikhar Ahmad, A.O. and Mahboob Khan, Assistant Incharge for Respondents. Date of hearing: 21st January, 1993. JUDGMENT RANA RIFAT SAEED (MEMBER).---As per brief history of the case, the appellant after getting one day casual leave sanctioned for 12-9-1985, had proceeded to his native town Renala Khurd, where he had fallen sick and he had sent a medical certificate for extension of two weeks. The leave had not been sanctioned and he had been informed to return to Headquarter and join his duties. Appellant had returned after 12 days, but competent authority/the respondent-department i.e. Chairman, FST had terminated appellant's services vide Office Order dated 24-9-1985, which reads as under: -- No. F. 11 (12)/79-FST FEDERAL SERVICE TRIBUNAL Islamabad 24th September, 1985 OFFICE ORDER The services of Mr. Gulzar Hussain, a temporary Upper Division Clerk in Camp Office, Lahore, being no longer required, are terminated with immediate effect. He shall be entitled to 14 days' pay in lieu of notice. (Sd.) (SHAH ABDUR RASHID) Chairman." 2. The learned counsel had stated that although the appellant had been appointed against a…
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