| Citation(s) |
|---|
| 2004 SLG 1645 2004 SLD 1645 2004 PLC 988 |
Service Tribunal, Punjab
Appeals Nos.841 and 842 of 2003, decision dated: 27-10-2003.
MUHAMMAD AFZAL, MEMBER-I
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Appeals Nos.841 and 842 of 2003, decision dated: 27-10-2003.
MUHAMMAD AFZAL, MEMBER-I
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ANSAR PERVAIZ and another
VS
DISTRICT COORDINATION OFFICER, NAROWAL and 3 others
Law:
Section:
Civil service------- Removal from service---Employees who were appointed as Dispensers against leave vacancies were kept serving for about 14/15 years--- Employees were removed from service after serving upon them show-cause notice on the ground that they having been appointed against leave vacancies, their services were liable to termination---Employees though were appointed against leave vacancies and their services were liable to termination, but in that case, action should have been taken at the appropriate time after expiry of leave period---Employees having been kept on serving for 14/15 years, they could not be removed from service arbitrarily---Employees had concealed the fact, which they should have brought to the notice of concerned Authority, that their appointments were temporary and against leave vacancy, so that at the appropriate time action could have been taken to get their appointment regularized---Appeals filed by employees were partly allowed to the extent that punishment of removal from service was converted into that of compulsory retirement w.e.f. the date the impugned orders of removal from services were passed against employees. Pervaiz Inayat Malik for Appellants. Rana Muhammad Yasin, District Attorney for Respondents. Muhammad Akhtar Khan, L.O. on behalf of Respondent No.2. Date of hearing: 27th October, 2003. JUDGMENT This judgment shall simultaneously dispose of two appeals i.e. Appeal No.841 of 2003 and Appeal No.842 of 2003, since common facts and common questions of law are involved in both appeals. 2. As per relevant facts of the case, the appellants were appointed as dispensers in the Health Department, District Narowal, against leave vacancies through orders dated 20-11-1989 and 6-2-1988 respectively, of course under the orders of the competent authority. They kept serving as such when they were served with a show-cause notice dated 13-8-2001 on the ground that their appointments were against leave vacancy and their services were, therefore, liable to termination. Consequently, the appellants were removed from service through order dated 22-12-2001. The appellants filed departmental appeals on 7-1-2002 and 8-1-2002 on which…
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