| Case ID |
321d3d00-245f-4956-be91-1223a94a269f |
| Body |
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| Case Number |
Service Appeal No. 661 of 1993 |
| Decision Date |
Dec 09, 1993 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the appointment of the appellant was made against a vacancy that became available due to the reinstatement of another employee. The tribunal found that the termination of the appellant's service was lawful under the provisions of the relevant Act. The decision highlighted that the appointment was on probation and could be terminated without notice. The tribunal concluded that the authority had the competence to discharge the appellant upon the reinstatement of the original holder of the post, and the arguments put forth by the appellant's counsel were without merit. |
| Summary |
This case involves the termination of service of Aftab Ahmed Khan, a Watchman, by the District Health Officer of Poonch. The service was terminated following the reinstatement of a previous employee whose position Khan occupied. The appeal sought to challenge the legality of the termination based on the argument that it was against the provisions of the Civil Servants Regularisation Act. The tribunal ruled in favor of the respondents, affirming the termination was valid as the appointment was on a probationary basis and could be terminated without cause. This case underscores the legal framework governing civil service appointments and the rights of employees under probationary terms. Keywords include civil service termination, probationary appointment, legal rights of employees, and administrative law. |
| Court |
Service Tribunal (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
RAJA BASHIR AHMAD IKRAM,
KHAWAJA ABDUL HAMEED
|
| Lawyers |
M. Tabassam Aftab Alvi,
Raja Muhammad Hanif Khan
|
| Petitioners |
AFTAB AHMED KHAN
|
| Respondents |
DIRECTOR, HEALTH SERVICES, AZAD JAMMU AND KASHMIR, MUZAFFARABAD
|
| Citations |
1994 SLD 378,
1994 PLC 566
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Servants (Regularisation of Ad hoc Appointment) Act, 1992
|
| Sections |
3
|