| Case ID |
0a82492e-6cba-45f4-b63e-286d56163716 |
| Body |
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| Case Number |
474/1455 of 1981 |
| Decision Date |
Nov 01, 1982 |
| Hearing Date |
|
| Decision |
The appeal filed by Muhammad Akram was dismissed on the grounds that he was never absorbed permanently in the Wildlife Department as a Game Inspector. The tribunal found that the order to repatriate him to the Forest Department was valid and within the government's authority. The principles of locus poenitentia and animus revertendi were applicable, allowing the government to reclaim its employee to the parent department. The tribunal noted that since Akram was absorbed temporarily, his lien with the Forest Department was retained and could be reinstated as per the provisions of the Punjab Civil Servants Act. The final decision confirmed the government's decision to repatriate him, thereby dismissing the appeal with no merit. |
| Summary |
This case involves Muhammad Akram, a Game Inspector who appealed against his repatriation to the Forest Department after being absorbed temporarily in the Game Department due to organizational changes. The Service Tribunal of Punjab deliberated on the principles of civil service law, particularly the Punjab Civil Servants Act of 1974, focusing on the legality of the transfer and the retention of the lien. The tribunal concluded that Akram's temporary status did not confer permanent rights, thus enabling the government to repatriate him. The ruling highlights essential aspects of civil service regulations, the nature of temporary appointments, and the legal authority of government departments to manage personnel changes. This case serves as a critical reference for similar disputes regarding civil service employment and rights, particularly in the context of administrative restructuring. Keywords such as civil service law, employment rights, temporary appointments, and administrative justice are essential for understanding the implications of this case in the broader legal landscape. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Government of Punjab,
Forestry and Wildlife Department,
Game Department
|
| Judges |
Malik Zawwar Hussain,
Abdul Hamid Chaudhry
|
| Lawyers |
Masud Ahmed Riaz,
Haroon-ur-Rashid Cheema
|
| Petitioners |
Muhammad Akram
|
| Respondents |
Wildlife and Fisheries Department
|
| Citations |
1983 SLD 1562,
1983 PLC 508
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants Act
|
| Sections |
9
|