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Petitioner: SHAHID MANSOOR BODLA VS Respondent: FEDERATION OF PAKISTAN through Secretary, Establishment Division and another
Court Name: Supreme Court of Pakistan Judge(s): Mir Hazar Khan Khoso, Manzoor Hussain Sial Title:SHAHID MANSOOR BODLA vs FEDERATION OF PAKISTAN through Secretary,
Establishment Division and another Case No.: Civil Petition No,407 of 1994 Date of Judgment:1995-02-21 Reported As: 1995 SCMR 1227 Result: Leave refused Judgment ORDER ' MANZOOR HUSSAIN SIAL, J.---The petitioner seeks leave to appeal against order dated 25-7-1994 of Federal Service Tribunal whereby miscellaneous application filed by him was disposed of. 2. The petitioner was appointed as Statistical Officer (B-17) on 18-6-1991 against a short term vacancy, likely to continue up to 30-5-1992 in the Cabinet Secretariat, Management Services Division, Government of Pakistan, Islamabad. 3. On 21-10-1992, his services were terminated with effect from 1-8-1992 as the incumbent against whose vacant post he was appointed rejoined the post on 1-8-1992. 4. The petitioner made representation against the order of his termination before the departmental authority but receiving no response he preferred appeal before the Federal Service Tribunal on 10- 3-1992 mainly on the ground that another post of Statistical Officer was available in the department but the petitioner was not accommodated against that vacancy. The Federal Service Tribunal allowed his appeal vide order dated 12-7-1993; the operative part whereof is as under:- "Under the aforementioned circumstances and after hearing the parties, we assess that the termination of the services of the appellant from a back date was treated as under:-- (i) From 1-8-1992 to 21-10-1992... As duty period (ii) From 22-10-1992 to 13-11-1992 23 days' leave on full pay (iii) From 14-11-1992 to 26-10-1993: 347 days' leave without pay. (Sd.) Section Officer" 6. Dissatisfied with the treatment of the petitioner's intervening period of service he moved a miscellaneous application before the Federal Service Tribunal contending therein that the
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intervening period with effect from 14-11-1992 to 26-10-1993 should have been treated on duty and paid accordingly. The Federal Service Tribunal, however, did not agree with the plea advanced by the petitioner and held that its order dated 12-7-1993 was duly implemented and disposed of the application accordingly. We have heard the petitioner, who has appeared in person. He was appointed against a short term vacancy, he, therefore, could not lay valid claim for any other post on the expiry of that period. The Federal Service Tribunal on compassionate ground allowed his appeal so as to accommodate him against the vacancy of the Statistical Officer in the department. The departmental authority, accordingly, accommodated him by treating intervening period of his service as per his entitlement. ' We find no justifiable reason to differ with Federal Service Tribunal whereby, vide impugned order, the miscellaneous application filed by the petitioner was disposed of. ' Resultantly this petition is dismissed and leave to appeal refused.