| Citation(s) |
|---|
| 1998 SLG 901 1998 SLD 901 1998 SCMR 2370 |
Supreme Court of Pakistan
Civil Petition No.611 of 1995, decision dated: 29th May 1996. (On appeal from the judgment dated 24-9-1995 of the Federal Service Tribunal, Islamabad passed in Appeal No. 321(P) of 1993)
FAZAL ILAHI KHAN AND RAJA AFRASIAB KHAN, JJ
Shah Abdur Rashid, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition No.611 of 1995, decision dated: 29th May 1996. (On appeal from the judgment dated 24-9-1995 of the Federal Service Tribunal, Islamabad passed in Appeal No. 321(P) of 1993)
FAZAL ILAHI KHAN AND RAJA AFRASIAB KHAN, JJ
Shah Abdur Rashid, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for
Respondents
SHAHID HUSSAIN
VS
FEDERATION OF PAKISTAN through Secretary, State & Frontier Region (Safran), Islamabad and 2 others
Law:
Section:
Civil Servants Act (LXXI of 1973)--S. 11---Constitution of Pakistan (1973), Art. 212(3)---Termination of service---Service Tribunal dismissed civil servent's appeal on the ground that he being temporary employee, his services could be terminated at any time--Validity---Civil servant contended that Service Tribunal had failed to give its decision on legal and factual aspects of case which were raised in appeal and urged before it; that even if retrenchment was to be made, Rules pertaining to retrenchment which provided for retrenchmentf junior most, should have befit followed---Civil servant being Federal Government employee, even if he could be removed, then on what terms, if he had completed 10 years of service in that Department---Leave to appeal to Supreme Court was granted to consider the contentions raised. ORDER FAZAL ILAHI KHAN, J.---This is petition for leave to appeal against the judgment of learned Service Tribunal dated 24-9-1995 whereby petitioner's appeal was dismissed. 2. Petitioner joined Afghan Refugee Organization in BPS-11 on 16-8-1982 as temporary for a period of 2 years and could be continued in case the Organization continued subject to the usual provisions of termination of temporary employees. Petitioner was then promoted as Selection Grade Assistant in BPS-15 on 13-11-1989 and assigned duties of Acting Refugees Village Administrator somewhere in 1993. During his absence a Field Officer visited different villages, made queries about the registered and unregistered Afghan Refugees. However, in spite of there being no complaint against him his services were terminated on 17-6-1993 alongwith 2 others including Muhammad Haroon Abbasi (petitioner in Civil Petition No.613 of 1995). In the case of Muhammad Haroon Abbasi he was "saked". On failure of the department to decide his departmental appeal the petitioner approached the Service Tribunal under section 4 challenging the order of…
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