| Case ID |
3a6c4381-7293-4bca-bc6a-ac1505a2dbbd |
| Body |
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| Case Number |
Cases Nos. 175 and 198 of 1983 |
| Decision Date |
Jul 31, 1983 |
| Hearing Date |
|
| Decision |
The Service Tribunal ruled that the termination of services for Misbah-ul-Hassan Kazmi and Zafar Iqbal Cheema was unjustified. The Tribunal found that both appellants were appointed temporarily but had continued in service for three years. The basis for their termination was recorded as being overage, which was deemed unjust since junior employees who were similarly overage had been retained. The Tribunal directed that the appellants be reinstated and their period out of service treated as extraordinary leave without pay, remanding their cases to the Chief Engineer for further scrutiny. |
| Summary |
The case revolves around the unjustified termination of services of two civil engineers, Misbah-ul-Hassan Kazmi and Zafar Iqbal Cheema, who were employed under the Punjab Highway Department. Both were appointed on a temporary basis but had served for three years before their termination on the grounds of being overage. The Tribunal determined that their dismissals were not lawful, particularly as junior staff members were retained despite being overage themselves. The ruling emphasizes the importance of fair employment practices and the need for appointing authorities to address age-related issues proactively. The decision reflects broader themes of employment rights and administrative accountability, making it a significant case in the context of civil service regulations in Punjab. Keywords such as 'civil service termination', 'Punjab Highway Department', 'employment rights', 'administrative accountability', and 'service tribunal' are central to this case and are trending in legal discussions. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMID CHAUDHRY, MEMBER
|
| Lawyers |
Abdul Hamid Khokhar,
Ch. Muhammad To-fail Basra,
A. G. Humayun
|
| Petitioners |
MISBAHULHASSAN KAZMI,
ZAFAR IQBAL CHEEMA
|
| Respondents |
SECRETARY TO GOVERNMENT OF PUNJAB, COMMUNICATION AND WORKS DEPTT.,
CHIEF ENGINEER, NORTH, HIGHWAY DEPARTMENT, LAHORE,
SUPERINTENDING ENGINEER, HIGHWAY CIRCLE, LAHORE
|
| Citations |
1984 SLD 1572,
1984 PLC 974
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Service Tribunals Act
|
| Sections |
4
|