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Petitioner: FEDERATION OF PAKISTAN VS Respondent: ABDUL GHAFFAR KHAN
1988 S C M R 1951
1988 S C M R 1951
Present: Muhammad Afzal Zullah, Javid Iqbal, Ghulam Mujaddid Mirza and Saad Saood Jan, JJ
FEDERATION OF PAKISTAN‑‑Appellant
versus
ABDUL GHAFFAR KHAN and another‑‑Respondents
Civil Appeals Nos.57, 58, 59, 60, 61, 62 and 6:: of 1985, decided on 28th June, 1988.
(From the judgment dated 20‑5‑1984 of the Federal Service Tribunal, in Appeal No.196(R)/82).
(Excluding C.A. No.57, all from the judgment dated 10‑9‑1984 of the Federal Service Tribunal, passed in Appeals Nos.197(R), 201(R), 206(R), 213(R), 200(R) and 208(R) of 1982, respectively).
Services Tribunals Act (LXX of 1973)‑‑
‑‑‑S.3‑‑Termination of services‑‑Respondents temporary employee and his post stood terminated‑‑Judgment of Service Tribunal that order of termination of service of respondent could not be given effect from back date and that he was to be deemed as continuing in service and allowed all consequential benefits, held, was not main tainable.
(b) Service Tribunals Act (LXX of 1973)‑‑
‑‑‑S.3‑‑Civil Servants Act (LXXI of 1973), S.11 (3)‑‑Termination of services from back date due to expiry of posts‑‑Notice not necessary‑ Respondent's services were terminated with effect from back date i.e. on expiry of post he was holding, without 14 days' notice to which he was entitled‑‑Respondent, held, was entitled to 14 days' pay but question whether order of termination could have retrospective effect or not was irrelevant.
Sajjad Ahmad Sipra, Deputy Advocate‑General and Ch. Akhtar Ali, Advocate‑ on‑Record, for Appellants (in all Appeals).
Imtiaz Muhammad Khan, Advocate‑on‑Record for Respondents.
JUDGMENT
SAAD SAOOD JAN, J.‑‑These are seven appeals by special leave from the order dated 10‑9‑1984 of the Federal Service Tribunal.
2. The first respondent in all these appeals were employed on temporary basis to work in the Islamabad Milk Plant which was a project of the Livestock Division of the Ministry of Food and Agri culture. On 20‑1‑1982, the Milk Plant was leased out to a private party. The respondents were placed in the surplus pool and unsuccessful attempts were made to absorb them elsewhere in the Federal Government. Their posts came to an end on 31‑5‑1982. By an order dated 27‑7‑1982, their services were terminated with effect from 31‑5‑1982. They made representations against the orders of termination of their services but to no effect. They then filed appeals before the Federal Service Tribunal.
3. The learned Tribunal was of the opinion that an order of termination of services could not be given effect from a back date; consequently, the order of 27‑7‑1982 was void ab initio accordingly, it accepted the appeals and directed that the respondents should be deemed to have continued in service all along and that they ‑were entitled to all the consequential benefits. The Federal Government has come in appeal to this Court
4. It is difficult to support the judgment of the learned Tribunal. The respondents were admittedly temporary employees and their posts came to an end on 31‑5‑1982. It was not the case of the respondents that after the Milk Plant had been leased out to the private party they had performed any duty either in relation to the Milk Plant or elsewhere under the Government. Thus, on the expiry of the posts which they held on 31‑5‑1982, their employment under the Government stood terminated. The question whether the order of 27‑7‑1982 could have retrospective effect or not was in the circumstances irrelevant.
5. It was contended by the Government in its written statement before the Tribunal that under section 11(3), Civil Servants Act, the respondents were entitled to 14 days' notice or pay in lieu thereof. Admittedly, no written notice of termination of service was given to the respondents. That being the Government's own position, all that the respondents are entitled to is 14 days pay. The appeal are disposed of accordingly. There will be no order as to costs.
M.Y.H. /F‑71/S Order accordingly.