PLC(CS) 1992

1992 PLP (C (PLC(CS))

Sardar MUHAMMAD SAFDAR KHAN Versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR

Jurisdiction / Court
Service Tribunal Azad J&K
Decided Date
Service Appeal No. 410 of 1988, decided on 8th January, 1992.
Honorable Judges
Sardar Muhammad Sajawal Khan, Chairman and Raja Muhammad Ashraf Kayani, Member
Case Reference Summary (AEO Optimized)
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
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
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

(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

Representation

  • Raja Muhammad Hanif Khan for Appellant.
  • ?Liaquat Hussain Rathore for Respondent.

Headnotes / Summary

Appeal

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.

Appeal

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.

Appeal

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

Retirement

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.

Age

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.

Retirement

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.

Age

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

Appeal

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

Retirement

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

Age

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

Retirement

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

Age

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.