| Case ID |
434a6765-411b-4360-8ea7-0b28b0b5e0d6 |
| Body |
View case body. Login to View |
| Case Number |
Service Appeal No. 405 of 1988 |
| Decision Date |
Jan 20, 1990 |
| Hearing Date |
|
| Decision |
The appeal was dismissed on the grounds that the appellant's appointment as storekeeper was purely temporary, made under a stop-gap arrangement. As the original postholder resumed duty, the appellant's services were lawfully terminated without notice. The Tribunal ruled that no terms of service were violated and thus, the appellant was not considered an aggrieved civil servant. The accusations of mala fides were deemed unsubstantiated, leading to the dismissal of the appeal with costs. |
| Summary |
In the case of Service Appeal No. 405 of 1988, the Service Tribunal of Azad Jammu and Kashmir addressed the termination of Muhammad Riaz Khan, who was appointed temporarily as a storekeeper. The Tribunal found that his employment was a stop-gap arrangement, and upon the return of the original storekeeper, his services were rightfully terminated without the need for a formal notice. The appellant argued the termination was illegal due to lack of notice, claiming he had served for over three years. However, the Tribunal upheld that since the appointment was temporary, no violation of service terms occurred. The decision highlights the principles of temporary employment and the legalities surrounding termination under the Azad Jammu and Kashmir Civil Servants Act, particularly Section 10(1). The ruling reinforces that an employee in a temporary position does not have the same protections as a permanent civil servant, thus emphasizing the importance of understanding the nature of employment contracts in the public service sector. |
| Court |
Service Tribunal (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Sajawal Khan,
Raja Muhammad Ashraf Kayani
|
| Lawyers |
Sardar Rafiq Mahmood,
Raja Ibrar Hussain
|
| Petitioners |
Muhammad Riaz Khan
|
| Respondents |
Azad Government of State of Jammu and Kashmir through Chief Secretary and 2 others
|
| Citations |
1990 SLD 1437,
1990 PLC 510
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu and Kashmir Civil Servants Act
|
| Sections |
10(1)
|