1992 PLP (C (PLC(CS))
Sardar MUHAMMAD SAFDAR KHAN Versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal Azad J&K |
| Bench Members | Sardar Muhammad Sajawal Khan, Chairman and Raja Muhammad Ashraf Kayani, Member |
| Parties | Sardar MUHAMMAD SAFDAR KHAN Versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR |
| Primary Law | (h) Civil service, (b) Civil service, (c) Civil service |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (h) Civil service, (b) Civil service, (c) Civil service, (a) Civil service, (f) Civil service, (d) Azad Jammu and Kashmir Civil Servants Act, 1970, (e) Civil service, (g) Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Service Tribunal Azad J&K bench comprising: Sardar Muhammad Sajawal Khan, Chairman and Raja Muhammad Ashraf Kayani, Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (Sardar MUHAMMAD SAFDAR KHAN Versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Raja Muhammad Hanif Khan for Appellant.
- ?Liaquat Hussain Rathore for Respondent.
Headnotes / Summary
Authority contended that appeal filed by employee against transfer order and against order passed in review by Reviewing Authority, was not competent being time-barred
Nothing was on record to show that order of retirement of employee and order passed on review petition of employee by Reviewing Authority, were communicated to employee when it was bounden duty of Authorities concerned to communicate same to employee
Date of getting knowledge of orders by employee, would have to be accepted as conclusive for purposes of filing review petition before Reviewing Authority and appeal before Tribunal
Objection that appeal was not competent being time-barred thus was repelled.
Authority had contended that appeal filed by employee was not maintainable as same was improperly filed against three separate orders at one and same time
Contention was repelled as employee was not debarred by any rule of procedure for challenging three or more orders which were part of same transaction.
Appellant could challenge even three or more orders which were the part of same transaction, in one appeal at one and same time where he was not debarred by any rule of procedure.
S.12
Civril servant could be retired at completion of his 25 years only in case where public interest was involved.
Service record
Duty is cast on concerned department to maintain service record of civil servant employed by that department.
Entry of date of birth of civil servant, was amended, in case, but it was not duly verified by competent Officer
Incumbent upon officers preparing service record of employee to make entry of his age in service book, after verifying same from cogent evidence to be produced by employee.
Civil servant admittedly was retired 2 years 9 months and 25 days prior to date when his retirement was due
Order of retirement undisputedly having been passed by Authority retrospectively, possibility of that order having been passed maliciously, could not be ruled out.
Entry of age in respect of a civil servant recorded in the civil list, was not correct proof of date of birth of civil servant and Department must not have picked up that entry to be correct proof of date of birth of employee.
Judgment & Decree
Appellant could challenge even three or more orders which were the part of same transaction, in one appeal at one and same time where he was not debarred by any rule of procedure. (d) Azad Jammu and Kashmir Civil Servants Act, 1970
S.12
Civril servant could be retired at completion of his 25 years only in case where public interest was involved. (e) Civil service
Service record
Duty is cast on concerned department to maintain service record of civil servant employed by that department. (f) Civil service
Entry of date of birth of civil servant, was amended, in case, but it was not duly verified by competent Officer
Incumbent upon officers preparing service record of employee to make entry of his age in service book, after verifying same from cogent evidence to be produced by employee. (g) Civil service
Civil servant admittedly was retired 2 years 9 months and 25 days prior to date when his retirement was due
Order of retirement undisputedly having been passed by Authority retrospectively, possibility of that order having been passed maliciously, could not be ruled out. (h) Civil service
Entry of age in respect of a civil servant recorded in the civil list, was not correct proof of date of birth of civil servant and Department must not have picked up that entry to be correct proof of date of birth of employee. Raja Muhammad Hanif Khan for Appellant. ?Liaquat Hussain Rathore for Respondent.