Law: Constitution of Pakistan, 1973

Section: 212(3)

Constitution of Pakistan (1973)--- ----Art.212(3)---Termination of service---Civil servant after his retirement from Army as Lance Naik, was re-employed as Naib-Qasid and after more than sixteen years' service, his services were dispensed with by treating him as being on contract basis---Appeal filed by civil servant against termination of service was resisted by Authority contending that civil servant was re-employed on contract basis and period of contract having not been extended, he was not a civil servant and his services were rightly dispensed with---Service Tribunal had recorded finding that civil servant was employed against permanent vacancy through mechanism of Selection Committee in accordance with Rules and not on contract basis and that his appointment order was unilaterally amended by the Authority so as to convert regular appointment of civil servant into an appointment on contract basis---Findings recorded by Service Tribunal being correct and in consonance with of Supreme Court as reported in Executive Engineer v. Abdul Aziz PLD 1996 SC 610 was unexceptionable and could not be interfered with petition for leave to appeal was dismissed. Central Civil Division, Pak. P.W.D., Quetta v. Abdul Aziz and others PLD 1996 SC 610 ref. JUDGMENT AJMAL MIAN, C.J.---This is a petition for leave to appeal against the judgment dated 3-6-1997, passed by the learned Federal Service Tribunal (hereinafter referred to as the Tribunal) in Appeal No.206(R) of 1997 filed by the (sic) on 4-12-1996 by respondent No.3 (Director, N.-W.F.P. Armed Services Board, Peshawar), allowing the same as follows:-- "With these observations w- accept this appeal, set aside the impugned original and appellate orders and direct the Respondent-Department to reinstate the appellant in service. This order will be without prejudice to the discretion of the Department to proceed against the appellant in accordance with law and the rules as and when considered appropriate. " The brief facts are that the respondent after his retirement from the Army as Lance Naik was re-employed as Naib-Qasid in the District Armed Services Board on 15-4-1981. He continued to serve as such for about 16-1/2…

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