Full Judgment Text & Judicial Ruling

1994 P L C (C

1994 P L C (C.S.) 632

[Supreme Court of Pakistan]

Present Abdul Qadeer Chaudhry, Saeeduzzaman Siddiqui and Wali Muhammad Khan, JJ

ALAM ZAB KHAN

Versus

COMMISSIONER, AFGHAN REFUGEES, N.W.F.P., PESHAWAR and 2 others

Civil Petition No. 359 of 1993, decided on 23rd November, 1993.

(On appeal from the judgment of Federal Service Tribunal passed in Appeal No. 84 (P)/93, on 5‑5‑1993).

Constitution of Pakistan (1973)‑‑‑

‑‑‑‑Art. 212 (3)‑‑‑Petitioner's services dispensed with on ground that they were no longer required‑‑‑Service Tribunal in appeal, found that petitoner's appointment was purely temporary and on contract basis for a period of two years, therefore, petitioner was neither a civil servant nor was entitled to maintain his appeal before Service Tribunal‑‑‑No exception could be taken to the order passed by Service Tribunal for appointment order of petitioner specifically described .his appointment as on temporary basis and on contract of two years‑‑‑Leave to appeal was refused.

Shah Abdur Rashid, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing: 23rd November, 1993.

JUDGMENT

SAEEDUZZAMAN SIDDIQUI, J.‑‑‑The petitioner is seeking leave to appeal against the judgment of Federal Service Tribunal Islamabad, dated 5‑5‑1993. While serving as Village Administrator in the Afghan Refugees Organisation, the services of the petitioner were dispensed with on.26‑12‑1992 on the ground that they were no longer required. The departmental appeal filed by the petitioner against the order dispensing with his services, was rejected whereafter he filed appeal before the Federal Service Tribunal. The learned Tribunal after examining the record of the case reached the conclusion that the appointment of the petitioner in the office of Commissioner Afghan Refugees N.W.F.P. Peshawar, was purely temporary and on contract basis for a period of two years. The learned Tribunal, accordingly, in view of the definition of civil servant given in the Civil Servants Act, held that the petitioner was not a civil servant and as such was not entitled to maintain his service appeared before the Tribunal.

We have heard the learned counsel for the petitioner. It is contended on behalf of the petitioner that the petitioner's employment in the Afghan Refugees Organization was for an indefinite period, therefore, he should be treated as temporary employee who was entitled to all the benefits under the Civil Servants Act. We have gone through the order of appointment produced by the petitioner in the case, which specifically described the appointment of the petitioner as on temporary basis and on contract of two years. In these circumstances no exception can be taken to the order passed by the Service Tribunal. The petition is, accordingly, dismissed and leave to appeal is refused.

AA./A‑1076/S Leave refused.

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