| Case ID |
41c9b6ad-15ae-4339-8f3c-c6e06318c75a |
| Body |
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| Case Number |
Appeals Nos. 77(K), 76(K), 324(R) of 1991 (New App |
| Decision Date |
Oct 02, 1993 |
| Hearing Date |
|
| Decision |
The Tribunal accepted all five appeals, determining that the orders of reallocation issued by the competent authority were without lawful authority and nullified. The decision emphasized that once a valid allocation had been acted upon, the power to rescind such orders was not available if vested rights had been created. The appellants, including Dr. Fazlullah Pechuho and others, were ordered to continue serving in their allocated groups, reaffirming the importance of jurisdiction and the necessity for clarity in administrative decisions affecting civil servants. |
| Summary |
In a landmark decision by the Federal Service Tribunal, the appeals concerning the reallocation of civil servants were examined, highlighting the complexities of administrative law and the rights of public servants. The Tribunal found that the allocations made by the Prime Minister were valid and acted upon, thereby creating vested rights that could not be rescinded arbitrarily. This case underscores the importance of maintaining stability in public service allocations and the legal principles governing administrative actions, aligning with trending discussions on civil service reforms and the protection of employee rights within governmental frameworks. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Dr. FAZLULLAH PECHUHO,
Mushtaq Ahmed Sheikh,
Tanvir Ahmed Qureshi,
Aftab Ahmed Cheema,
Sanaullah Abbasi
|
| Judges |
JUSTICE ABDUL RAZZAQ A. THAHIM,
S.M. ISHAQUE,
M. ILYAS LODHI
|
| Lawyers |
Syed Jamshed Ali,
Raja Qureshi,
Abid Hassain Minto,
M. Aslam Virk,
Sh. Riazul Haq,
Zakaullah Jan
|
| Petitioners |
Dr. FAZLULLAH PECHUHO
|
| Respondents |
FEDERATION OF PAKISTAN,
CABINET SECRETARIAT,
ESTABLISHMENT DIVISION
|
| Citations |
1994 SLD 303 = 1994 PLC 522
|
| Other Citations |
Sarfraz Khan v. WAPDA and others 1991 PLC (C.S.) 9,
Mahboob Khan and 242 others v. Government of Pakistan 1991 PLC (C.S.) 415,
Pakistan v. Muhammad Himayatullah Farukhi PLD 1969 SC 407,
Raja Muhammad Nawaz v. Government of Punjab 1981 SCMR 523,
PLD 1955 FC 46,
PLD 1964 SC 503,
1980 SCMR 268
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
General Clauses Act (X of 1897)
|
| Sections |
4,
21
|