THE SECRETARY TO GOVERNMENT OF PAKISTAN, POPULATION DIVISION and another vs Syed NAZAK HUSSAIN SHAH and another
The petitioners, representing the Government of Pakistan Population Division, sought leave to appeal against the judgment of the Federal Service Tribunal dated 12-12-1987, which had reinstated the respondent Syed Nazak Hussain Shah into service with attending benefits. The respondent was initially appointed as a Mali on a temporary basis, later regularized, and subsequently had his services terminated by the Principal of the Regional Training Institute on the ground that his services were no longer required. The core legal question was whether the Principal was the competent authority to terminate the respondent's temporary appointment under Section 11(3) of the Civil Servants Act, 1973. The Supreme Court upheld the Tribunal's finding that the competent appointing authority was the Provincial Director General, making the Principal incompetent to terminate the employment. The Court held that termination must be effected by the authority competent to make appointments to that post, and since no question of law of public importance arose, leave to appeal was refused.
- Whether the Principal of the Regional Training Institute was competent to terminate the respondent's temporary appointment?
- Who is the competent authority to terminate a temporary appointment under Section 11(3) of the Civil Servants Act, 1973?
- Does the termination of a civil servant by an incompetent authority render the termination order void?
- Section 11(3), Civil Servants Act 1973
ORDER
1. ' GHULAM MUJADDID, J.--Secretary to the Government of Pakistan, Population Division, Islamabad, and the Principal, Regional Training Institute (Population), Rawalpindi, seek leave to appeal against the judgment of Federal Service Tribunal, dated 12-12-1987.
2. ' On 10-3-1981, respondent Syed Nazak Hussain Shah was appointed as Mali by the Principal, Regional Training Institute, Rawalpindi. The appointment was "purely temporary, non-pensionable and terminable at any time without assigning any cause or notice".
3. ' Subsequently the appointment was regularised by office order, dated 13-12-1981 as the Departmental Selection Committee found the respondent suitable. On 26-8-1984 the Principal, Regional Training Institute terminated the services of the petitioner on the ground that his services were no longer required.
4. ' Syed Nazak Hussain Shah filed appeal before the Federal Service Tribunal. It was accepted by judgment, dated 12-12-1987. The Tribunal ordered that the respondent shall be reinstated in service with attending benefits. This led to the filing of the present petition.
5. ' Learned Deputy Attorney-General who appeared in support of this petition could not controvert the following finding of the Tribunal:- "...We are thus satisfied that the appointing, authority in respect of the appellant was the Provincial Director General. No doubt the temporary appointment held by the appelalnt could be terminated under section 11(3) of the Civil Servants Act, 1973, but only by an authority who is competent to make appointment on that post. It thus follows that the temporary appointment held by the appellant could be terminated only by the Provincial Director General if the exegencies of the service so required. Quite obviously, therefore, the Principal, Regional Training Institute, was not competent to terminate the employment of the appellant."
6. ' The Deputy Attorney-General attempted to argue that the initial appointment of the respondent by the Principal was ab initio void. It is too late now to take up this position because no such objection was ever raised at any stage.
7. We don't find any question of law of public importance to be examined by this Court. Leave is accordingly refused.
Cited by 1 case
- Major (Retd.) MUHAMMAD AZAM vs FEDERATION OF PAKISTAN And 3 Others 1994 PLC (C.S.) 1419