| Citation(s) |
|---|
| 2001 SLG 1902 2001 SLD 1902 2001 PLC 491 |
Federal Service Tribunal, Islamabad
Appeals Nos.3-K, 4-K to 26-K of 1997, decision dated: 29-05-1997.
ABDUL RAZZAQ A. THAHIM, CHAIRMAN, MUHAMMAD RAZA KHAN AND NOOR MUHAMMAD MAGSI, MEMBERS
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Appeals Nos.3-K, 4-K to 26-K of 1997, decision dated: 29-05-1997.
ABDUL RAZZAQ A. THAHIM, CHAIRMAN, MUHAMMAD RAZA KHAN AND NOOR MUHAMMAD MAGSI, MEMBERS
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MUHAMMAD RAMZAN and others
VS
DIVISIONAL ENGINEER, TELEGRAPH, SUKKUR DIVISION, SUKKAR and 2 others
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)----S.4---Termination of service---Appeal---Limitation---Appeal, filed by civil servants against termination of their services, were resisted on ground of limitation ---Departmental appeals filed by civil servants within a period of 30 days from their termination order, were rejected after about two years-- Final order of rejection of appeals was not based on ground of limitation but it was decided on merits---Objection of limitation raised on part of Authority, thus, stood condoned. (b) Civil service ----Ad hoc appointment Nature---Ad hoc appointments are made only under special circumstances as a stop-gap arrangement and for the restricted period only---Such appointments continue till the availability of regular selectees--Ad hoc appointments, therefore, are ordered to handle the day to day work pending finalization of selection process and ad hoc appointments' have to be extended after the expiry of the original period---Appointments of civil servants though called ad hoc, but no period was prescribed and no process of selection was initiated---Civil servants rather were required to undergo certain examinations and they qualified the same---Selection process of civil servants having stood completed, they were eligible to be regularised after being declared successful in such examination---Civil servants were also imparted regular training required for the job and they succeeded in such training as well---Civil servants had continuously performed service for more than 4 years to the satisfaction of the Authority---Appointments of civil servants having stood regularised, their services thus could not be dispensed with without any cause of grievance against them and without affording them opportunity of being heard. (c) Civil service- Termination of service---Authority had contended that services of civil servants were dispensed with for, the reason that they were appointed during the period when Government imposed ban on the recruitment---Said ground was repelled on two counts firstly that ground was not mentioned in original or appellate order of Authority and secondly, civil servant could not be penalised for any…
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