| Case ID |
38301ba0-74ed-470b-a777-5f582b296989 |
| Body |
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| Case Number |
Appeal No. 68(K) of 1989 |
| Decision Date |
Oct 29, 1991 |
| Hearing Date |
Sep 30, 1991 |
| Decision |
The case involved the termination of a civil servant who had been appointed on an ad hoc basis and had served for 16 years. It was determined that the termination could not be challenged as it was not a matter of punishment, nor involved any bias or malice. The court highlighted that the civil servant's inability to qualify for a regular appointment led to the termination, which was upheld as lawful despite the lack of a show-cause notice or enquiry. |
| Summary |
In this landmark case adjudicated by the Federal Service Tribunal, the focus was on the termination of an ad hoc civil servant, Dr. Farida Karim, after 16 years of service. The tribunal ruled that the termination was valid, emphasizing the importance of qualifications for regular appointments. The case raised critical questions about civil service regulations and the rights of ad hoc employees, particularly in relation to due process. The decision underscored that terminations made without show-cause notices are permissible under certain conditions, especially when they do not involve punitive measures. This ruling has implications for civil service employment practices, highlighting the necessity for clear guidelines governing ad hoc appointments and terminations. The case cites significant legal precedents and contributes to ongoing discussions about employee rights and administrative fairness in public service. Keywords: civil service law, termination of employment, ad hoc appointments, administrative law, due process in civil service, employment rights. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
SYED ALLY MADAD SHAH,
S.M. ISHAQUE
|
| Lawyers |
Manzoor Ali Khan,
Niaz Ahmad Khan,
Dr. Muhammad Zakria,
Muhammad Afzal Khan Niazi,
Sadiq Anjum
|
| Petitioners |
Dr. FARIDA KARIM
|
| Respondents |
4 others,
SECRETARY, MINISTRY OF HEALTH, ISLAMABAD
|
| Citations |
1992 SLD 799,
1992 PLC 395
|
| Other Citations |
PLD 1974 SC 393,
PLD 1965 Kar. 70,
1981 SCMR 310,
PLD 1959 SC (Pak.) 147,
PLD 1968 Kar. 693
|
| Laws Involved |
Not available
|
| Sections |
Not available
|