2002 PLC (C (PLP)
ALTAF AHMED SHEIKH Versus FEDERATION OF PAKISTAN through the Secretary, Ministry of Petroleum, and Natural Resources, Government of Pakistan, Islamabad and another
| Citation | 2002 PLC (C (PLP) |
| Forum / Court | Federal Service Tribunal |
| Bench Members | Jalal‑ud‑Din Akbarji, Chairman, Aftab Ahmed, Abdul Hameed Khan Khattak and Mahmoodul Haq Thanvi, Members |
| Parties | ALTAF AHMED SHEIKH Versus FEDERATION OF PAKISTAN through the Secretary, Ministry of Petroleum, and Natural Resources, Government of Pakistan, Islamabad and another |
| Primary Law | Civil Service: |
Q1: What are the key laws and sections cited in 2002 PLC (C (PLP)?
This judgment primarily cites: Civil Service: as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLC (C (PLP)?
The case was heard and decided by the Federal Service Tribunal bench comprising: Jalal‑ud‑Din Akbarji, Chairman, Aftab Ahmed, Abdul Hameed Khan Khattak and Mahmoodul Haq Thanvi, Members.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLC (C (PLP) (ALTAF AHMED SHEIKH Versus FEDERATION OF PAKISTAN through the Secretary, Ministry of Petroleum, and Natural Resources, Government of Pakistan, Islamabad and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdur Rahim Bhatti for Appellant.
- Ch. M. Jamil for respondent‑Company along with Irfan Ahmad Khan, Dy. Manager, Legal Affairs, Departmental Representative.
- Date of hearing: 27th April, 2000.
Headnotes / Summary
‑‑‑‑Selection and appointment as Trainee Engineer‑‑‑Discontinuation of training assignment‑‑‑After about four years from the appointment as Trainee Engineer, the Authority discontinued the training assignment which was challenged by the civil servant alleging the, same to be illegal, void and arbitrary‑‑‑Contention of the Authority was that civil servant was offered only training assignment without any commitment to provide any employment to him and that civil servant was never appointed in accordance with the recruitment procedure but was taken as trainee‑‑‑Validity‑‑ Following the dictum laid down in Salim Mustafa Sheikh v. Federation of Pakistan (Appeal No. 1097(R) decided by the Full Bench of the Tribunal on 29‑4‑2000 the order of discontinuation of training was set aside by the Tribunal with direction to the Authority to absorb the civil servant in career executive cadre.
Judgment & Decree
The respondent‑Company invited applications from Pakistani nationals for the position of Trainee Engineers for ‑training /posting at any of the various company's stations in the Provinces of Sindh and Balochistan, by floating and advertisement in the Daily "Dawn" on 18‑7‑1993 for which the appellant also applies and he was selected as Trainee Engineer vide letter of appointment dated 28‑2‑1995. The respondent‑Company however, vide the letter dated 10‑3‑1999 discontinued temporary/training assignment of the appellant against which he preferred departmental appeal which was turned down and thereafter he preferred instant appeal on various grounds as detailed in the memo. of appeal with the prayer for setting aside the impugned order by holding it to be illegal, void, arbitrary and unlawful and with the request for direction to the respondents to reinstate in service the appellant with back benefits and also to regularize him against the available vacancy from the date of its occurrence.
2. Respondents contested the appeal by filing para-wise comments by maintaining that the appellant was offered only training assignment without any commitment to provide employment by the Company. It was further maintained that the appellant was never taken by the respondents in accordance with the recruitment procedure rather he was taken as Trainee temporary assignee under pressure from the then Government. The allegations of discrimination were denied.
3. Arguments heard and record perused.
4. As the factual, and law points involved in the present appeal as, well as Appeal No. 1097(R)/99‑Salim Mustafa Shaikh v. Federation bf Pakistan and others decided by a Full Bench of this. Tribunal on 29‑4‑2000, are similar/identical, hence without adverting to a detailed discussion, we accept this appeal by adopting mutatis mutandis the reasons shown in the aforementioned judgment in Appeal No. 1097(R)/99, as the arguments are heard in this appeal also along with the said appear on the same date with the result that the impugned order of discontinuation of temporary/training assignment of the appellant is set aside and the respondent's Company is directed to issue the letter of absorption in career. Executive Cadre of the appellant in the respondent‑Company as it was issued to Nisar A. Sangi on 17‑4‑1998.
5. This appeal is allowed in terms as stated above with cost:
6. Copies of this judgment to be sent to the parties through registered mail. H. B. T/142/FST Appeal allowed.