Pakistan Case LawSHAHID MANSOOR BODLA Versus FEDERATION OF PAKISTAN through Secretary, Establishment Division and another
This matter concerns a petition for leave to appeal against an order of the Federal Service Tribunal regarding the regularization of service benefits for a former Statistical Officer. The petitioner, initially appointed to a short-term vacancy, challenged the termination of his services and the subsequent treatment of his intervening period of service by the departmental authority. The core legal question was whether the petitioner, having been appointed against a specific short-term vacancy, possessed a legal entitlement to have the entire intervening period of his unemployment treated as duty with full pay, despite the Tribunal's previous compassionate accommodation. The Supreme Court held that the petitioner, having been appointed against a temporary vacancy, had no valid legal claim to continued employment or specific treatment of the intervening period beyond what the department had already granted. The Court affirmed the Tribunal's decision, emphasizing that appointments against short-term vacancies do not confer a right to permanent absorption or automatic salary entitlements for periods where no service was rendered, particularly when the department has already acted to accommodate the individual on compassionate grounds.
- Does an appointment against a short-term vacancy confer a legal right to be accommodated against other available posts upon the expiry of that vacancy?
- Can a civil servant claim salary for an intervening period of unemployment following the termination of a short-term contract?
- Is a departmental authority obligated to treat an intervening period of service as 'on duty' for a temporary employee whose contract has expired?
ORDER
MANZOOR HUSSAIN SIAL, J.---The petitioner seeks leave to appeal against order dated 25-7-1994 of Federal Service Tribunal whereby miscellaneous application filed by him was disposed of.
2.The petitioner was appointed as Statistical Officer (B-17) on 18-6-1991 against a short term vacancy, likely to continue up to 30-5-1992 in the Cabinet Secretariat, Management Services Division, Government of Pakistan, Islamabad.
3.On 21-10-1992, his services were terminated with effect from 1-8-1992 as the incumbent against whose vacant post he was appointed rejoined the post on 1-8-1992.
4.The petitioner made representation against the order of his termination before the departmental authority but receiving no response he preferred appeal before the Federal Service Tribunal on 10- 3-1992 mainly on the ground that another post of Statistical Officer was available in the department but the petitioner was not accommodated against that vacancy. The Federal Service Tribunal allowed his appeal vide order dated 12-7-1993; the operative part whereof is as under:-
"Under the aforementioned circumstances and after hearing the parties, we assess that the termination of the services of the appellant from a back date was treated as under:--
(Sd.) Section Officer"
6. Dissatisfied with the treatment of the petitioner's intervening period of service he moved a miscellaneous application before the Federal Service Tribunal contending therein that the intervening period with effect from 14-11-1992 to 26-10-1993 should have been treated on duty and paid accordingly. The Federal Service Tribunal, however, did not agree with the plea advanced by the petitioner and held that its order dated 12-7-1993 was duly implemented and disposed of the application accordingly. We have heard the petitioner, who has appeared in person. He was appointed against a short term vacancy, he, therefore, could not lay valid claim for any other post on the expiry of that period. The Federal Service Tribunal on compassionate ground allowed his appeal so as to accommodate him against the vacancy of the Statistical Officer in the department. The departmental authority, accordingly, accommodated him by treating intervening period of his service as per his entitlement.
We find no justifiable reason to differ with Federal Service Tribunal whereby, vide impugned order, the miscellaneous application filed by the petitioner was disposed of.
Resultantly this petition is dismissed and leave to appeal refused.
Judges on this bench
- Mir Hazar Khan Khoso453 judgments
- Manzoor Hussain Sial807 judgments