Case Details

Citation(s)
1995 SLG 1307 1995 SLD 1307 1995 PLC 537
Federal Service Tribunal, Islamabad
Appeal No. 459(R) of 1994, decided on 9th January, 1995.
ABDUL RAZZAQ A. THAHIM, CHAIRMAN AND NOOR MUHAMMAD MAGSI, MEMBER

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VS

SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD and 2 others

Law:

Section:

Civil service--- ----Reversion---Civil servant who was originally appointed as Ward Master in (B-6), later on was selected as Supervisor House-Keeping in (B-14) but while he was on probation his selection was reviewed and finding him not possessing requisite qualification at time of his selection, he was reverted to his original post of Ward Master after issuing him show-cause notice---Civil servant had sought new appointment without having requisite qualification for such appointment---Appointment of civil servant which was made in violation of prescribed rules, could not be termed as regular appointment especially when same was made due to pressure of Minister---List of about 18 officials was placed on record by the Institute of Medical Sciences whose appointments were also made in disregard of rules and their cases were reviewed which resulted in their reversion---Civil servant, in circumstances, could not claim distinction and different behaviour--Order reverting civil servant to his original post did not suffer from any legal infirmity. PLD 1992 SC 207 ref. Zaheer Ahmed Qadri for Appellant. Mian Ishtiaq Hussain for Respondent No. 3. Date of hearing: 8th January, 1995. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN).---The relevant facts for the disposal of this service appeal are that the appellant, Mr. Shahid Jan Khattak was working as Ward Master (B-6) in the Pakistan Institute of Medical Sciences (hereinafter referred to as PIMS). In pursuance to the advertisement issued in "The Pakistan Times" and "Daily Jang", dated 3-2-1992, he applied for the post of Supervisor House-Keeping (B-14) and was selected as such, and appointment order was issued by the Director, Children Hospital on 23-6-1993 and he accordingly joined the post on 24-6-1993. While he was on probation, his appointment was reviewed, under the instructions issued by the Health Division vide letter-dated 29-3-1994, as he did not possess the requisite qualification at the time of appointment for the post of Supervisor House ­Keeping. He was given a show-cause notice on 26th May, 1994 to which he replied and finally the competent authority reverted him to his original post of Ward Master (B-6) and…
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