| Citation(s) |
|---|
| 2002 SLG 1326 2002 SLD 1326 2002 SCMR 1130 |
Supreme Court of Pakistan
Civil Petition No. 131-K of 2001, decision dated: 18-04-2002.(On appeal from the judgment/order dated 6-12-2000 passed by Federal Service Tribunal, Islamabad in Appeal No. 1322-K of 1998)
IFTIKHAR MUHAMMAD CHAUDHRY AND HAMID ALI MIRZA, JJ
FazaleGhani, Senior Advocate Supreme Court for Petitioner. Nemo for
Respondent
Civil Petition No. 131-K of 2001, decision dated: 18-04-2002.(On appeal from the judgment/order dated 6-12-2000 passed by Federal Service Tribunal, Islamabad in Appeal No. 1322-K of 1998)
IFTIKHAR MUHAMMAD CHAUDHRY AND HAMID ALI MIRZA, JJ
FazaleGhani, Senior Advocate Supreme Court for Petitioner. Nemo for
Respondent
PAKISTAN INTERNATIONAL AIRLINES
VS
OMAR SAEED KAZI
Law:
Section:
Constitution of Pakistan (1973)---Art. 212(3)---Reinstatement in service---Illegal appointment---Service of employee of Pakistan International Airlines Corporation were terminated for the reason that his appointment was the result of favouritism and nepotism shown to him---Service Tribunal allowed the appeal filed by the employee and he was reinstated in service---Validity---Leave to appeal was granted by Supreme Court to consider, whether appointment of the employee as Officer Marketing had been made contrary to the principle laid down by Supreme Court in the case of Abdul Jabbar Memon reported as 1996 SCMR 1349 or otherwise. Abdul Jabbar Memon and other's case 1996 SCMR 1349 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal. has been filed against the judgment, dated 2nd October 1998 passed by Federal Service Tribunal, Islamabad whereby service appeal filed by respondent has been allowed. 2. Precisely stating the facts of the case are that respondent Umar Saeed Kazi was appointed as Officer (Marketing) in Pay Group-VI on contract basis for the period of three years commencing from 29th May, 1994 till 28th May, 1997 vide Letter No. AM/PE/P48278/94, dated 29th May, 1994 in PIA. 3. It is important to note that respondent has been appointed by Sheikh Saeed K. Kazi, who is his father and was working as Administrative Engineer in the same Department at the time of his appointment and he himself issued his appointment letter, which reads thus:-- Mr. Qamar Saeed Kazi P-48278. No. Am/PE/P-48278/94 Dear Sir, Subject: APPOINTMENT LETTER With reference to agreement, dated 27-5-1994, executed between you and PIAC, we wish to inform you that you have been appointed as Officer (Marketing) in Precision Engineering Department's office at Islamabad on contract for a period of 3 years, commencing from 29-5-1994 until 28-5-1997 and thereafter may be extended for such `' further terms as the Corporation may its discretion determine. Your appointment in the Corporation shall be based on the following terms and conditions:- (a) Salary and Perquisites: Basic Pay Rs.6,215/-p.m. (in the scale of Rs.6215-215-7290, Pay Group VI (ii) House Rent Rs.3729/-p.m.…
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