FEDERATION OF PAKISTAN And Others vs HASHIM SHAH QURESHI
This matter arises from a petition challenging a judgment of the Federal Service Tribunal, which had set aside the termination of the respondent's service. The Supreme Court of Pakistan, upon reviewing the impugned judgment and hearing the Deputy Attorney-General, granted leave to appeal to examine significant legal questions regarding the status of civil servants. The core legal issues concern whether the expiry of a probation period results in automatic confirmation or requires an express order, whether a temporary employee becomes permanent simply by the passage of time, and whether termination under Section 11(3) of the Civil Servants Act, 1973, necessitates a finding of public interest. The Court suspended the operation of the Tribunal's judgment pending the final disposal of the appeal. The judgment serves as a procedural order framing the legal questions to be settled by the Court regarding the interpretation of service rules and the statutory requirements for the termination of temporary civil servants.
- Does the expiry of a probation period result in the automatic confirmation of a civil servant, or is an express order required?
- Can a civil servant who has not received an express order of confirmation be considered permanent merely because their probation period has expired?
- Is it a statutory requirement that an order of termination for a temporary employee under Section 11(3) of the Civil Servants Act 1973 must be based on public interest?
- Can a civil servant expressly appointed on a temporary basis be legally treated as a permanent civil servant?
- Section 11(3), Civil Servants Act 1973
ORDER
S.A. NUSRAT, J.-- This petition is from the judgment of Federal Service Tribunal, Islamabad, dated 1- 1-1985 whereby the order of termination of service of the respondent was set aside and the respondents' appeal accepted.
2.After going through the impugned judgment and hearing the learned Deputy Attorney-General, leave is granted to examine the following questions:-
(1) Whether eligibility of a civil servant for confirmation in a service after the expiry of the period of probation means his automatic confirmation or it requires an express order to that effect?
(2) Whether a civil servant who has not been confirmed by an express order becomes permanent in his appointment merely after the expiry of the period of probation?
(3) Whether an order of termination of a person in temporary employment under section 11(3) of the Civil Servants Act, 1973 must be in the public interest as statutory requirement?
(4) Whether a civil servant who has been expressly appointed on temporary basis could be treated a permanent civil servant?
3. The appeal shall be made ready on the present record and fixed at an early date and meanwhile the operation of the impugned judgment shall remain suspended. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.