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1994 PLC (C.S.) 294

MUHAMMAD TARIQ vs THE DIRECTOR-GENERAL, MARITIME SECURITY AGENCY

Citation1994 PLC (C.S.) 294
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 85-K of 1993 Appeal No 76-K of 1990
Date1993-05-03
Judge(s)Sajjad Ali Shah, Saleem Akhter, Ajmal Mian
ResultLeave refused

ORDER

SAJJAD ALI SHAH, J--Petitioner was appointed as Draftsman in BPS-14 vide order dated 13-3-1988 on temporary basis. His services were terminated by order dated 15-7-1990. He filed departmental appeal' but on getting so response filed appeal before Federal Service Tribunal under section 4 of the Service Tribunals Act, 1973. During the hearing before Tribunal stand was taken in the comments that appointment of petitioner was purely on temporary basis and was discontinued for the reason that Ministry of Defence disallowed continuation of 67 civilian posts including the post petitioner resulting in termination of 67 persons. Subsequently in 1991, 48 posts were sanctioned on yearly basis including post of Draftsman lowered down to BPS-7. Petitioner was offered the post of Draftsman in the lowered grade but he declined and insisted on appointment in BPS-14. Service Tribunal dismissed appeal of the petitioner.

2. Counsel for the petitioner was unable to show us that appointment of petitioner was not temporary in nature when his services were terminated. Not only the appointment was temporary in nature but the post against which petitioner was appointed was not permanent but temporary and was abolished. Petitioner cannot claim any legal right in respect of his appointment on temporary basis against a temporary post. We see no flaw or legal infirmity in the judgment of the Service Tribunal to which no exception can be taken. In the result leave is refused and the petition is dismissed which has no merits.

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