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Petitioner: SAJJAD HAIDER KHAN VS Respondent: WAPDA
1992 P L C (C
1992 P L C (C.S.) 385
[Federal Service Tribunal]
Present: Syed Ali Madad Shah, Chairman and Ch. Hasan Nawaz, Member
SAJJAD HAIDER KHAN
Versus
WAPDA through Chairman, WAPDA, Lahore
Appeal No. 239(L) of 1984, decided on 3rd October, 1991.
Civil service--
----Appeal----Maintainability---Civil servant, who originally joined Electricity Department of the then West Pakistan Government in 1957 on work-charged basis, came to WAPDA in same capacity in consequence of en bloc transfer of employees of Provincial Electricity Department in 1959---WAPDA Authority, could not produce definite order with regard to absorption of civil servant in WAPDA---In absence of such order which could show fresh appointment of civil servant in WAPDA, civil servant would be deemed to have continued his service in WAPDA as a deputationists in employment of WAPDA---Punjab was Province of permanent residence of civil servant and he was allocated to that Province and as such he would be deemed to be civil servant of Punjab Province at the time of his recruitment and in WAPDA's employment only as a deputationists---Civil servant who was removed from service by WAPDA Authority, stood reverted to Province of Punjab and could report to Government of Punjab and would have option to pursue his remedy against his removal before Punjab Service Tribunal as a civil servant of Punjab Government---Federal Service Tribunal, had no jurisdiction to decide his appeal---Appeal filed by civil servant against his removal from service before Federal Service Tribunal, not being maintainable was dismissed in circumstances.
Jahanzeb Khan v. WAPDA through its Chairman 1981 SCMR 1178 ref.
Syed Jamshed Ali for Appellant.
Ch. Ghulam Hassan Gulshan for Respondent.
Date of hearing: 29th August, 1991.