1994 PLP (C (PLC(CS))
MUHAMMAD TARIQ Versus THE DIRECTOR‑GENERAL, MARITIME SECURITY AGENCY and another
| Citation | 1994 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ajmal Mian, Sajjad Ali Shah and Saleem Akhtar, JJ |
| Parties | MUHAMMAD TARIQ Versus THE DIRECTOR‑GENERAL, MARITIME SECURITY AGENCY and another |
| Primary Law | Constitution of Pakistan (1973)‑ |
Q1: What are the key laws and sections cited in 1994 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan (1973)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ajmal Mian, Sajjad Ali Shah and Saleem Akhtar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP (C (PLC(CS)) (MUHAMMAD TARIQ Versus THE DIRECTOR‑GENERAL, MARITIME SECURITY AGENCY and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Akhlaq A. Siddiqui, Advocate Supreme Court/Advocate‑on‑Record for Petitioner.
- Niaz Ahmad, Advocate Supreme Court and MA.I. Qarni, Advocate on‑Record for Respondents.
- Date of hearing: 3rd May, 1993.
Headnotes / Summary
(On appeal. from the judgment of the Federal Service Tribunal dated 6-12-1992 passed in Appeal No 76‑K of 1990). ‑‑‑‑Art. 212 (3)‑‑‑Civil servant‑‑‑Termination of service‑‑‑Validity‑‑‑Civil servant's appointment was temporary in nature when his services were terminated and post held by petitioner was abolished‑‑‑Civil servant could not claim any legal right in respect of his appointment on temporary basis against temporary post‑‑‑No flaw or legal infirmity in the impugned judgment having been pointed out, leave to appeal was refused.
Judgment & Decree
SAJJAD ALI SHAH, J‑‑Petitioner was appointed as Draftsman in BPS‑14 vide order dated 13‑3‑1988 on temporary basis. His services were terminated by order dated 15‑7‑1990. He filed departmental appeal' but on getting so response filed appeal before Federal Service Tribunal under section 4 of the Service Tribunals Act, 1973. During the hearing before Tribunal stand was taken in the comments that appointment of petitioner was purely on temporary basis and was discontinued for the reason that Ministry of Defence disallowed continuation of 67 civilian posts including the post petitioner resulting in termination of 67 persons. Subsequently in 1991, 48 posts were sanctioned on yearly basis including post of Draftsman lowered down to BPS‑
7. Petitioner was offered the post of Draftsman in the lowered grade but he declined and insisted on appointment in BPS‑
14. Service Tribunal dismissed appeal of the petitioner.
2. Counsel for the petitioner was unable to show us that appointment of petitioner was not temporary in nature when his services were terminated. Not only the appointment was temporary in nature but the post against which petitioner was appointed was not permanent but temporary and was abolished. Petitioner cannot claim any legal right in respect of his appointment on temporary basis against a temporary post. We see no flaw or legal infirmity in the judgment of the Service Tribunal to which no exception can be taken. In the result leave is refused and the petition is dismissed which has no merits. A.A./ M‑1807/S Leave refused.