1997 PLP 1375 (SCMR)
NAZIR AHMAD AKHTAR‑‑‑Petitioner Versus DIRECTOR‑GENERAL OF SOIL SURVEY OF PAKISTAN and another‑‑‑Respondents
| Citation | 1997 PLP 1375 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui and Mukhatar Ahmad Junejo, JJ |
| Parties | NAZIR AHMAD AKHTAR‑‑‑Petitioner Versus DIRECTOR‑GENERAL OF SOIL SURVEY OF PAKISTAN and another‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1997 PLP 1375 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP 1375 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui and Mukhatar Ahmad Junejo, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 1375 (SCMR) (NAZIR AHMAD AKHTAR‑‑‑Petitioner Versus DIRECTOR‑GENERAL OF SOIL SURVEY OF PAKISTAN and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Nemo for Respondents.
- Date of hearing: 2nd April, 1996.
- 5. The contentions raised by the learned counsel for petitioners need consideration. Leave to appeal is, therefore, granted. Status quo to continue in the meanwhile."
Headnotes / Summary
(On appeal from the judgment of Federal Service Tribunal dated 16‑3‑1995 passed in Appeal No. 235‑L of 1994). Civil Servants Act (LXXI of 1973)‑‑‑ ‑‑‑‑S. 5‑‑‑Constitution of Pakistan (1973), Art.212(3)‑‑‑Selection against posts advertised by Federal Public Service Commission‑‑‑Reversion of civil servant with termination of specified scheme‑‑‑Validity‑‑‑Neither in letters of civil servant's appointment nor in advertisement, his appointment, was notified against posts in specified scheme‑‑‑Civil servant was holding regular appointment with no reference to specified scheme, therefore, his contention was that he was holding regular appointment with no reference to any specified terminated scheme‑‑‑Civil servant, thus, could not have been reverted with termination of scheme‑‑‑Approval of civil servant's reversion having been notified to civil servant. by Competent Authority on 25‑10‑1994 appeal filed before Service Tribunal on 23‑11‑1994 was within time‑‑‑Same contentions having been raised in another petition for leave to appeal and leave to appeal having been granted in that case to consider the contentions raised, leave was also granted in civil servant's petition against his reversion. Petitioner in person.
Judgment & Decree
SAIDUZZAMAN SIDDIQUI, J.‑‑‑The petitioner, who is appearing in person, is seeking leave to appeal against the judgment of Federal Service Tribunal dated 16‑3‑1995 whereby service appeal of the petitioner was dismissed as time‑barred. On a similar question as is canvassed in the present case, leave has been granted by this Court in Civil Petitions Nos. 1038 to 1041 of 1995 to consider the following contentions:‑ "Learned counsel for the petitioners contended that they were selected against the posts advertised by the Federal Public Service Commission, and were posted as such since 1986; neither in the letters of their appointment nor in the advertisement, the petitioners' appointment was notified against the posts in T.S.T Scheme. The petitioners held regular appointments with no reference to the T.S.T Scheme, therefore, they could not have been reverted with termination of the scheme. It was further submitted that the petitioners had waited till the final approval of the competent Authority. As the approval of their reversion was notified to the petitioners on 25‑10‑1994, appeal filed before the Federal Service Tribunal on 23‑11‑1994 were within time .
5. The contentions raised by the learned counsel for petitioners need consideration. Leave to appeal is, therefore, granted. Status quo to continue in the meanwhile." In view of the above leave granting order we grant leave in this petition as well. This matter will also be heard alongwith appeals arising from Petitions Nos. 1038 to 1041 of 1995. A.A./N‑479/S Leave granted.