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PLJ 2006 SC 468

DISTRICT COORDINATION OFFICER NAROWAL and others vs ANSAR PERVAIZ

CitationPLJ 2006 SC 468
CourtSupreme Court of Pakistan
Case No.Civil Petitions No, 409 & 410-L of 2004
Date2005-12-15
Judge(s)Faqir Muhammad Khokhar, Karamat Nazir Bhandari
ResultPetition dismissed

Faqir Muhammad Khokhar, J.--The petitioners, Government Functionaries, seek leave to appeal- from the judgment dated 27.10.2003, passed by the Punjab Service Tribunal, Lahore, in Appeals Nos, 841 & 842/2003.

2. The respondents were appointed as Dispensers in the Health Department, District Narowal. By order dated 30.1.2003, they were directed to get their service regularized within 90 days failing which they would be considered to be out of service w,e,f, 1.5.2003. Their representations were rejected by the departmental authorities on 24.4.2003 and 5.4.2003 respectively. Therefore, they moved the Tribunal by means of Appeals Nos, 841 & 842/2003, which were partly allowed by the impugned judgment dated 27.10.2003 whereby their penalty of removal from service was converted into compulsory retirement w,e,f, 10.5.2003.

3. The learned Counsel for the petitioners argued that the respondents had been originally appointed against leave vacancies. However, they managed to continue in service for a period of fifteen years or so. Therefore, there was no justification for the Tribunal to have converted their removal from service into compulsory retirement from service.

4. On the other hand, the learned Counsel for the Caveat submitted that the respondents had rendered satisfactory service for more than 15 years. Therefore, their removal from service was not justified.

5. We have heard the learned Counsel for the parties at some length and have also perused the available record. Admittedly, the respondents had rendered about 14/15 year's service. The petitioners could not take benefit of their inaction at the relevant time. The Tribunal in the facts and the .circumstances of the case was quite justified in converting the penalty of removal of the respondents from service into compulsory retirement. In any case, these petitions do not involve any substantial question of law of public importance within the meaning of Article 212(3) of the Constitution of Islamic Republic of Pakistan.

6. For the foregoing reasons, we do not find any merit in these "I petitions which are dismissed and leave to appeal is refused accordingly.

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