FEDERATION OF PAKISTAN Versus ABDUL GHAFFAR KHAN
This matter arises from seven appeals by special leave directed against the order of the Federal Service Tribunal, which had set aside the termination of services of temporary employees of the Islamabad Milk Plant after the plant was leased to a private party. The core legal question was whether the termination order passed on 27-7-1982 with retrospective effect from 31-5-1982 was void ab initio, and what relief the temporary employees were entitled to upon the abolition of their posts. The Supreme Court held that since the respondents were temporary employees whose posts came to an end on 31-5-1982 and who performed no duties thereafter, their employment stood terminated on that date, rendering the question of retroactivity irrelevant. However, acknowledging the Government's own stance under the Civil Servants Act that the employees were entitled to 14 days' notice or pay in lieu thereof, the Court modified the Tribunal's order, holding that the respondents were only entitled to 14 days' pay in the absence of written notice. The key principle laid down is that temporary employees whose posts expire are not entitled to reinstatement with full consequential benefits merely due to a technical defect of retroactivity in a subsequent termination order, but remain entitled to statutory notice or pay in lieu thereof.
- Can an order of termination of service of a temporary employee be invalidated solely on the ground that it was given retrospective effect?
- What is the relief available to temporary government employees whose posts come to an end upon the leasing out of a government project?
- Whether temporary employees whose posts have expired are entitled to reinstatement and full consequential benefits due to the lack of a prior written notice of termination?
- Section 11(3), Civil Servants Act 1973
SAAD SAOOD JAN, J .‑‑These are seven appeals by special leave from the order dated 10‑9‑1984 of the Federal Service Tribunal.
2. The first respondent in all these appeals were employed on temporary basis to work in the Islamabad Milk Plant which was a project of the Livestock Division of the Ministry of Food and Agri culture. On 20‑1‑1982, the Milk Plant was leased out to a private party. The respondents were placed in the surplus pool and unsuccessful attempts were made to absorb them elsewhere in the Federal Government. Their posts came to an end on 31‑5‑1982. By an order dated 27‑7‑1982, their services were terminated with effect from 31‑5‑1982. They made representations against the orders of termination of their services but to no effect. They then filed appeals before the Federal Service Tribunal.
3. The learned Tribunal was of the opinion that an order of termination of services could not be given effect from a back date; consequently, the order of 27‑7‑1982 was void ab initio accordingly, it accepted the appeals and directed that the respondents should be deemed to have continued in service all along and that they ‑were entitled to all the consequential benefits. The Federal Government has come in appeal to this Court
4. It is difficult to support the judgment of the learned Tribunal. The respondents were admittedly temporary employees and their posts came to an end on 31‑5‑1982. It was not the case of the respondents that after the Milk Plant had been leased out to the private party they had performed any duty either in relation to the Milk Plant or elsewhere under the Government. Thus, on the expiry of the posts which they held on 31‑5‑1982, their employment under the Government stood terminated. The question whether the order of 27‑7‑1982 could have retrospective effect or not was in the circumstances irrelevant.
5. It was contended by the Government in its written statement before the Tribunal that under section 11(3), Civil Servants Act, the respondents were entitled to 14 days' notice or pay in lieu thereof. Admittedly, no written notice of termination of service was given to the respondents. That being the Government's own position, all that the respondents are entitled to is 14 days pay. The appeal are disposed of accordingly. There will be no order as to costs.
M.Y.H. /F‑71/S Order accordingly.