| Case ID |
3335b37a-fa08-417c-8539-57d5946b94ed |
| Body |
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| Case Number |
Appeal No. 239(L) of 1984 |
| Decision Date |
Oct 03, 1991 |
| Hearing Date |
Aug 29, 1991 |
| Decision |
The Federal Service Tribunal dismissed the appeal filed by the civil servant against his removal from service. The Tribunal found that the civil servant, who originally joined the Electricity Department of the then West Pakistan Government in 1957 and was transferred to WAPDA in 1959, was deemed to have continued his service as a deputationist. The WAPDA Authority failed to produce a definitive order regarding the absorption of the civil servant in WAPDA. As a result, the civil servant was considered a civil servant of Punjab Province and was reverted to the Province upon removal. Therefore, the appeal was not maintainable before the Federal Service Tribunal, which lacked jurisdiction in this matter. |
| Summary |
This case revolves around the maintainability of an appeal filed by a civil servant against his removal from service by WAPDA. The main issue was whether the civil servant was absorbed into WAPDA or remained a deputationist. The court ruled that without a clear order of absorption, the civil servant was still considered a civil servant of Punjab. The case references prior case law and establishes that the Federal Service Tribunal did not have the jurisdiction to decide on this matter. The decision emphasizes the importance of clear documentation regarding employment status in civil service disputes. Keywords include civil service, appeal, maintainability, jurisdiction, and employment status. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
Syed Ali Madad Shah,
Ch. Hasan Nawaz
|
| Lawyers |
Syed Jamshed Ali,
Ch. Ghulam Hassan Gulshan
|
| Petitioners |
Not available
|
| Respondents |
WAPDA
|
| Citations |
1992 SLD 795,
1992 PLC 385
|
| Other Citations |
1981 SCMR 1178
|
| Laws Involved |
Not available
|
| Sections |
Not available
|