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Petitioner: SHAHID HUSSAIN VS Respondent: FEDERATION OF PAKISTAN
1998 P L C (C
1998 P L C (C.S.) 1035
[Supreme Court of Pakistan]
Present: Fazal Ilahi Khan and Raja Afrasiab Khan, JJ
SHAHID HUSSAIN
versus
FEDERATION OF PAKISTAN through Secretary, State and Frontier Region (SAFRAN), Islamabad and 2 others
Civil Petition No. 611 of 1995, decided on 29th May, 1996.
(On appeal from the judgment dated 24-9-1995 of the Federal Service Tribunal, Islamabad passed in appeal No. 321(P) of 1993).
Civil Servants Act (LXXI of 1973)---
----S. 11---Constitution of Pakistan (1973), Art. 212(3)---Termination of service--- Service Tribunal dismissed civil servant's appeal on the ground that he being temporary employee, his services could be terminated at any time-- Validity---Civil servant contended that Service Tribunal had failed to give its decision on legal and factual aspects of case which were raised in appeal and urged before it; that even if retrenchment was to be made, rules pertaining to retrenchment which provided for retrenchment of junior most, should have been followed---Civil servant being Federal Government employee, even if he could be removed, then on what terms, if he had completed 10 years of service in that Department---Leave to appeal to Supreme Court was granted to consider the contentions raised.
Shah Abdur Rashid, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner.
Nemo for Respondents.
Date of hearing: 29th May, 1996.
ORDER
FAZAL ILAHI KHAN, J.---This is petition for leave to appeal against the judgment of learned Service Tribunal dated 24-9-1995 whereby petitioner's appeal was dismissed.
2. Petitioner joined Afghan Refugee Organization in BPS-11 on 16-8-1982 as temporary for a period of 2 years and could be continued in case the Organization continued, subject to the usual Provisions of termination of temporary employees. Petitioner was then promoted as Selection Grade Assistant in BPS-15 on 13-11-1989 and assigned duties to of Acting Refugees Village Administrator somewhere in 1993. During his absence a Field Officer visited different villages, made queries about the registered, and unregistered Afghan Refugees. However, in spite of there being no complaint against him his services were terminated on 17-6-1993 alongwith 2 others including Muhammad Haroon Abbasi (petitioner in C.P.613r'95). In the case of Muhammad Haroon Abbasi he was "sacked". On failure of the department to decide his departmental appeal the petitioner approached the Service Tribunal under section 4 challenging the order of termination. However, by order dated 1-11-1993 the appeal was dismissed ~in limine on the ground that the Afghan Refugee Organization has been wound employees have been retrenched. That as their appointment was subject to the continuation of organization he had no vested right to be retained. This order was challenged in this Court and this court by order dated 14-6-1995 accepted the appeal and directed the admission of appeal by the Service Tribunal and its decision on merits after hearing the parties.
3. The Tribunal in spite of giving adjournments for affording opportunity to the respondents to reply regarding their objection to the appeal, if any, as required under Rule 13(1) of the Service Tribunal (Procedure) Rule, 1974, heard and dismissed the appeal, on the ground that the petitioner was a temporary employee whose services could be terminated at any time.
4. The learned counsel for the petitioner, however, contended that the learned tribunal failed to give its decision on legal and factual aspects of the case which were raised in appeal and urged before the Tribunal. It was further contended that the Afghan Refugee Organization is still functioning and after all if there was any retrenchment to be made the rules pertaining to the retrenchment which provides for retrenchment of the junior most should have been followed. Petitioner being Federal Government employee even if removed then on what terms and if he has completed 10 years of service in the Organization. Leave is granted, inter alia, to consider the above contentions.
A.A./S-65/S Leave granted.