| Case ID |
ea06010b-d95e-48c7-b875-83f0bd674ffb |
| Body |
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| Case Number |
Appeal No. 8 (L) of 1982 |
| Decision Date |
Jan 09, 1983 |
| Hearing Date |
Dec 04, 1982 |
| Decision |
The Tribunal ruled in favor of Riaz Ahmad Baig, determining that his termination was illegal due to the ultra vires nature of the rules that disqualified him from appearing before the Federal Public Service Commission. The Tribunal emphasized that the age limit and qualifications set by the government were not in line with the provisions of the Population Welfare Planning Programme Ordinance, thus the termination order was set aside. The case was referred back to the Federal Public Service Commission for reconsideration without the constraints of the invalid rules. |
| Summary |
This case revolves around the termination of Riaz Ahmad Baig, a Senior Population Officer, under the Population Welfare Planning Programme Ordinance. The key legal issues pertained to the status of civil servants following the federalization of the Population Programme and the legality of the disqualification rules set by the government. The Tribunal found that the rules imposing age limits and educational qualifications were ultra vires the Ordinance, which aimed to regularize services of employees under the Programme. The decision underscores the importance of adhering to legislative frameworks that govern civil servant status and the procedural rights of employees. The ruling reinstates the necessity for transparency and fairness in the recruitment and appointment processes within government services, ensuring that qualified individuals are not unjustly excluded based on arbitrary rules. This case highlights the ongoing challenges within administrative law and the need for clear guidelines that comply with established legal principles. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
MR. JUSTICE SHAH ABDUR RASHID,
BRIG. (RETD.) ABDUR RASHID
|
| Lawyers |
Wasim Sajjad,
Ghulam Nabi Bhatti,
Aurangzeb Khan,
Hafiz Tariq Naseem
|
| Petitioners |
RIAZ AHMAD BAIG
|
| Respondents |
2 OTHERS,
SECRETARY, POPULATION DIVISION, ISLAMABAD
|
| Citations |
1983 SLD 1589,
1983 PLC 536
|
| Other Citations |
Not available
|
| Laws Involved |
Population Welfare Planning Programme (Appointment and Termination of Service) Ordinance (XIV of 1981),
Service Tribunals Act (LXX of 1973),
Civil Servants Act (LXXI of 1973)
|
| Sections |
4,
6,
4,
2(b)
|