| Case ID |
04a2985c-09b4-41a4-9b53-5a857b19a9f6 |
| Body |
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| Case Number |
Appeal No. 55(K) of 1994 |
| Decision Date |
Jul 18, 1994 |
| Hearing Date |
Jul 06, 1994 |
| Decision |
The appeal was dismissed on legal grounds and merits due to the appellant's failure to file an appeal to the competent authority, which was the Board of Directors, and for being time-barred. The termination of the civil servant was upheld as lawful since it occurred during the probationary period without any required notice. The order of reinstatement issued by the Chairman was deemed void ab initio as the Chairman lacked the authority to override the Vice-Chairman's decision. The appeal was also dismissed due to the appellant pursuing remedies through incorrect forums, leading to a rejection of her application for condonation of delay. |
| Summary |
This case revolves around the termination of Mrs. Nasrin Temur, a teacher at OPF Girls College, during her probation period. The Tribunal ruled on the legality of her termination and the subsequent appeal process. Mrs. Temur's appeal was dismissed primarily due to procedural missteps, including not filing with the correct appellate authority and missing timelines. The ruling emphasized the importance of adhering to established protocols in civil service matters, particularly during probationary periods. The case highlights the complexities of employment law within educational institutions and the authority limits of various administrative roles. Key terms include 'termination of service', 'probation', 'reinstatement', 'appellate authority', and 'service tribunal'. These concepts are critical for understanding employee rights and employer obligations in Pakistan's legal framework. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
OPF Girls College
|
| Judges |
ABDUL RAZZAQ A. THAHIM (CHAIRMAN),
NOOR MUHAMMAD MAGSI (MEMBER)
|
| Lawyers |
Zamiruddin Ahmed,
M.N. Rizavi
|
| Petitioners |
Mrs. NASRIN TEMUR
|
| Respondents |
3 others,
PRINCIPAL, OPF GIRLS COLLEGE, ISLAMABAD
|
| Citations |
1994 SLD 1014,
1994 PLC 1700
|
| Other Citations |
Syed Tahir Hussain Shirazi v. Government of Punjab 1990 SCMR 1510,
Tanvir Iqbal Siddiqi v. The Principal, Overseas Pakistanis Foundation (OPF) Girls College, Islamabad 1994 SCMR 958,
Mrs. M.N. Arshad v. Miss Naeema Khan PLD 1990 SC 612
|
| Laws Involved |
Service Tribunals Act, 1973
|
| Sections |
Not available
|