| Case ID |
2193f926-d4b1-432d-b59a-54e53b807ca6 |
| Body |
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| Case Number |
Civil Appeals Nos. 27-K of 1982 and 127 of 1987 |
| Decision Date |
Oct 06, 1987 |
| Hearing Date |
Jun 22, 1987 |
| Decision |
The Supreme Court of Pakistan upheld the decision of the Service Tribunal, which ruled that the termination of the services of the respondents was without lawful authority. The Court emphasized that despite their initial appointment being temporary, the nature of their posts was of indefinite duration, and they were later confirmed in their positions. Consequently, the termination notice issued was deemed ineffective and legally unsound. The judgment reinforced the protection afforded to civil servants under the relevant laws, particularly highlighting the importance of lawful termination procedures. |
| Summary |
This case revolves around the termination of two civil servants, Azizullah Choudhry and another, from their posts under the Director-General of Resettlement and Employment in India. The Supreme Court of Pakistan examined whether the terminations were lawful, focusing on the nature of their employment contracts and the relevant laws protecting civil servants. The Court found that the respondents, despite being initially appointed on a temporary basis, held posts of indefinite duration which were later made permanent. Therefore, the termination of their employment was ruled to be without lawful authority, showcasing the legal protections available to civil servants against arbitrary dismissal. This landmark decision highlighted the significance of adhering to proper legal protocols in employment termination, reinforcing the rights of civil servants within the framework of Pakistani law. Keywords: civil service, employment law, Supreme Court of Pakistan, termination of service, legal protection, Service Tribunals Act, Government of India Act, constitutional law, labor rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN, JUSTICE,
S. A. NUSRAT, JUSTICE
|
| Lawyers |
Sajjad Ahmad Sipra, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
Zafar Aziz Bajwa, Advocate Supreme Court,
M.S. Ghoudry, Advocate-on-Record,
Muhammad Afzal Siddiqi, Advocate-on-Record,
Aziz Ahmad Bajwa, Advocate Supreme Court,
Hamid Aslam Qureshi, Advocate-on-Record
|
| Petitioners |
FEDERATION OF PAKISTAN
|
| Respondents |
AZIZULLAH CHOUDHRY AND ANOTHERS
|
| Citations |
1988 SLD 3000,
1988 SCMR 207
|
| Other Citations |
Khawaja Ghulam Sarwar v. Pakistan through the General Manager, P.W.R. Lahore P L D 1962 S C 142,
Abdul Majid Sheikh v. Mushaffe Ahmad and another P L D 1965 S C 208,
Muhammad Naseem Ahmad and 18 others v. Miss Azra Feroz Bakht and others P L D 1968 S C 37
|
| Laws Involved |
Service Tribunals Act, 1973,
Government of India Act, 1935,
Constitution of Pakistan, 1973
|
| Sections |
4,
240,
212(3)
|