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Petitioner: SECRETARY, MINISTRY OF SCIENCE AND TECHNOLOGY VS Respondent: NASRULLAH KHAN
1998 P L C (C
1998 P L C (C.S.) 1033
[Supreme Court of Pakistan]
Present: Nasir Aslam Zahid, Munawar Ahmad Mirza and Abdur Rahman Khan, JJ
SECRETARY, MINISTRY OF SCIENCE AND TECHNOLOGY and others
versus
NASRULLAH KHAN and another
Civil Petition No. 1134 of 1997, decided on 3rd March, 1998.
(On appeal from the judgment and order of the Federal Service Tribunal, Islamabad dated, 28-8-1997 in Appeal No.373(R) of 1997).
Civil Servants Act (LXXI of 1973)---
----S. 2(b)---Constitution of Pakistan (1973). Art. 212(3)---Organization of science and technology although formed on basis of resolution passed by Government, was, however; not legal entity---Service Tribunal on basis of decisions of Supreme Court in cases reported as PLD 1960 SC 612; PLD 1994 SC 123; 1995 SCMR 1593 and 1996 SCMR 1572, had taken correct decision against which no case for interference was made out--- Petition for leave to appeal was dismissed in circumstances.
Mrs. M.N. Arshad and others v. Mrs. Naeema Khan and others PLD 1990 SC 612; Saeed Rabbani v. Director-General, Leather Industry Development Organization and another PLD 1994 SC 123; Chairman, Pakistan Broadcasting Corporation, Islamabad v. Nasir Ahmad and others 1995 SCMR 1593 and Dr. Rashid Anwar v. Federation of Pakistan through Secretary, Establishment Division, Islamabad and others 1996 SCMR 1572 rel.
Maulvi Anwar-ul-Haq, Dy. A.-G. and Mehr Khan Malik for Petitioners.
Nemo for Respondents.
ORDER
Admittedly respondent No. 1, Nasrullah Khan has been serving in an organization formed on the basis of a resolution passed by the Government. The organization was not a legal entity. In view of the following decisions of the Supreme Court we are of the view that the Service Tribunal has taken a correct decision and no case for interference is made out:--
PLD 1990 SC 612 (Mrs. M.N. Arshad and others v. Mrs. Naeema Khan and others) PLD 1994 SC 123, (Saeed Rabbani v. Director-General, Leather Industry Development Organization and another) 1995 SCMR 1593 (Chairman Pakistan Broadcasting Corporation, Islamabad v. Nasir Ahmad and others) and 1996 SCMR 1572 (Dr. Rashid Anwar v. Federation of Pakistan through Secretary, Establishment Division, Islamabad and others).
As a result this petition is dismissed and leave is refused.
A.A./S-44/S Leave refused.