Law:

Section:

(a) Civil service Termination of service of civil servants on account of having become surplusTermination of the civil servants having not been ordered on the, grounds of inefficiency, misconduct etc. Department had a legal as well as moral obligation to strictly adhere to the principles relating to termination/dispensing with the services of employees if they had become surplus in the Department. (b) Constitution of Pakistan (1973) Art. 212(3)Service Tribunals Act (LXX of 1973), S.2ATermination of service of civil servants on account of having become surplus Validity­Leave to appeal was granted by the Supreme Court, inter alia, to examine the points that; whether services of the civil servants had been terminated as having become surplus in violation of principle "first come last go"; that whether civil servants had been discriminated because some of the persons who joined service later than them had been retained in the service despite the fact that Department intended to downsize its workers force; that whether impugned judgment had been passed by Federal Service Tribunal without taking into consideration that one of the conditions incorporated in their appointment letters that subject to notice of three months or payment of salary in lieu thereof their services were liable to be, terminated was not applicable because same conditions existed in the cases of officers junior to the civil servant who were allowed to remain in service; that whether on account of nonapplication of statutory rules civil servants were not entitled to any relief from Service Tribunal because their' relationship with the employer was governed by the concept of master and servant; and that whether in view of S.2A of Service Tribunals Act, 1973, civil servants were not entitled to the relief or reinstatement in service and at the best could have claimed compensation from the department because their , services were governed by the concept of master and servant. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J. In instant Civil Petitions for. Leave to Appeal identical points of facts and law arising out of common judgment, dated 7th August, 2000 passed by Federal Service Tribunal are involved,…

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