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1991 SCMR 1867

Agha MUHAMMAD ASHRAF vs CHIEF ADMINISTRATIVE OFFICER And 2 Other

Citation1991 SCMR 1867
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No.274-R of 1989 Appeal No. 135(R)
Date1990-02-12
Judge(s)Abdul Qadeer Chaudhry, Syed Usman Ali Shah
ResultPetition dismissed

ORDER

1. S. USMAN ALI SHAH, J.---The petitioner was appointed as a Cameraman (Grade-16) on ad hoc basis in Inter-Services Public Relations Directorate, G.H.Q. On 12-6-1980 and was regularized by the recommendations of the Federal Service Commission in January, 1981. He was sent on deputation to Saudi Arabia in May, 1983 and was repatriated to Pakistan in September, 1983 and reported for duty at his parent unit on 6-11-1986 where he was informed that his services were terminated under section 11 of the Civil Servants Act, 1973 on having become surplus because of non-availability of a substantive post and the existing one was held by Mr. Riazuddin.

2. The petitioner filed appeal before the Federal Service Tribunal which was dismissed, vide judgment dated 21-2-1989. The petitioner now seeks leave to appeal.

3. We have heard the learned counsel for the petitioner and have gone through the impugned judgment. We have come to the conclusion that there is no merit in this petition which deserves dismissal forthwith. As the petitioner failed to prove that there was a post of Cameraman available against which he should have been appointed on his return from Saudi Arabia because the one available was already occupied by Mr: Riazuddin and on his return from Saudi Arabia to his substantive post and thus the petitioner was rightly declared as surplus.

4. Under the circumstances, we do not consider it a fit case for the grant of leave. It is accordingly dismissed.

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