SHAHID HUSSAIN vs FEDERATION OF PAKISTAN through Secretary, State and Frontier Region (SAFRAN), Islamabad and 2 others
This petition for leave to appeal is directed against the judgment of the Service Tribunal whereby the petitioner's service appeal against the termination of his services was dismissed. The petitioner, a temporary employee of the Afghan Refugee Organization appointed in BPS-11 and later promoted to BPS-15, had his services terminated following the alleged winding up of the organization. The Service Tribunal dismissed his appeal on the ground that he was a temporary employee with no vested right to retention upon the retrenchment of the organization. The Supreme Court granted leave to consider contentions that the Tribunal failed to address legal and factual aspects raised in the appeal, that the organization was still functioning, that rules regarding the retrenchment of the junior-most employees were not followed, and to examine the terms of removal applicable to a Federal Government employee who had completed ten years of service.
- Whether a temporary employee's services can be terminated without following rules pertaining to retrenchment?
- Does a Service Tribunal fail to exercise its jurisdiction when it dismisses an appeal without deciding the legal and factual aspects raised by the appellant?
- Whether an employee who has completed ten years of service has a right to be retained or governed by specific terms upon the winding up of an organization?
- Section 4, Service Tribunals Act 1973
- Rule 13(1), Service Tribunal (Procedure) Rules 1974
ORDER
' FAZAL ILAHI KHAN, J.---This is petition for leave to appeal against the judgment of learned Service Tribunal dated 24-9-1995 whereby petitioner's appeal was dismissed.
2. Petitioner joined Afghan Refugee Organization in BPS-11 on 16-8-1982 as temporary for a period of 2 years and could be continued in Case the Organization continued, subject to the usual Provisions of termination of temporary employees. Petitioner was then promoted as Selection Grade Assistant in BPS-15 on 13-11-1989 and assigned duties to of Acting Refugees Village Administrator somewhere in 1993. During his absence a Field Officer visited different villages, made queries about the registered, and unregistered Afghan Refugees. However, in spite of there being no complaint against him his services were terminated on 17-6-1993 along with 2 others including Muhammad Haroon Abbasi (petitioner in C.P.613/95). In the case of Muhammad Haroon Abbasi he was "sacked". On failure of the department to decide his departmental appeal the petitioner approached the Service Tribunal under section 4 challenging the order of termination. However, by order dated 1-11-1993 the appeal was dismissed in limine on the ground that the Afghan Refugee Organization has been wound up and employees have been retrenched. That as their appointment was subject to the continuation of organization he had no vested right to be retained. This order was challenged in this Court and this Court by order dated 14-6-1995 accepted the appeal and directed the admission of appeal by the Service Tribunal and its decision on merits after hearing the parties.
3. The Tribunal in spite of giving adjournments for affording opportunity to the respondents to reply regarding their objection to the appeal, if any, as required under Rule 13(1) of the Service Tribunal (Procedure) Rule, 1974, heard and dismissed the appeal, on the ground that the petitioner was a temporary employee whose services could be terminated at any time.
4. The learned counsel for the petitioner, however, contended that the learned tribunal failed to give its decision on legal and factual aspects of the case which were raised in appeal and urged before the Tribunal. It was further contended that the Afghan Refugee Organization is still functioning and after all if there was any retrenchment to be made the rules pertaining to the retrenchment which provides for retrenchment of the junior most should have been followed.
Petitioner being Federal Government employee even if could be removed then on what terms and if he has completed 10 years Of service in the Organization. Leave is granted, inter alia, to consider the above contentions.