Case Details

Citation(s)
1997 SLG 892 1997 SLD 892 1997 PLC 623
Federal Service Tribunal, Islamabad
Appeal No. 619(R) of 1996, decision dated: 26-01-1997.
ABDUL RAZZAQ A. THAHIM, CHAIRMAN AND ROSHAN ALI MANGI, MEMBER

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MUHAMMAD TASNEEM SAEED

VS

CHAIRMAN, MANAGING COMMITTEE, MIRAGE REBUILD FACTORY, P.A.C. KAMRA and 3 others

Law:

Section:

Civil Servants Act (LXXI of 1973)--S. 2(1)(b)Service Tribunals Act (LXX of 1973), S. 4Employee of Mirage Rebuild Factory Intermediate CollegePrivate Institution—­termination of servicesJurisdiction of Service Tribunal InvocationValidityDepartmental appeal of employee remained unsuccessfulAppeal before Service TribunalCompetencyEducational Institution concerned had got its own rules, which had neither been gazetted nor had the approval of Federal GovernmentEmployee's terms and conditions of employment ,,fated that he was appointed on probation for one year and that he would be confirmed for retention in service at the end of one year of satisfactory service with the institution; and that after confirmation of his service, he would be given one month's notice or one` month's pay if his services were decided to be dispensed withSuch terms and conditions clearly indicated that those were not terms and conditions of Government servants but related to private institutions where they had got their own terms and conditions for their staffEmployee had accepted such terms and conditions having knowledge that institution in question was a private institutionEmployee being not Government servant could not invoke jurisdiction of Service Tribunal. Malik Muhammad Pervaiz Akhtar v. Managing Committee, PAF Model InterCollege, Sargodha Appeal No. 256(L) of 1994; Miss Naeema Khan v. Ministry of Education and others Appeal No. 379(R) of 1986 and Mrs. M.N. Afshad and others v. Miss Naeema Khan and others PLD 1990 SC 612 ref. Rao Fazal Khan Akhtar for Appellant. Col. (R) Hayatullah Sikandari, Principal on behalf of Respondents. Date of hearing: 20th January, 1997. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN). Mr. Muhammad Tasneem Saeed, the appellant in this case, was appointed as Demonstrator in Mirage Rebuild Factory (M,.R.F.) Intermediate College Kamra, vide letter, dated 2nd February 1991. Disciplinary proceedings were initiated against him on the allegations that he publicised the contents of a letter that was presumed to have been written to him by as fellow lady teacher, and therefore, the appellant made overtures to her and later propagated that she was fond of him and wanted…
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