Law:

Section:

(i) Probation Period-- ----Service matter--Civil servant was appointed as lecturer--Probation period of two years--No letter was served after expiry of two years--Probation period would be considered as extended--Civil servant would be treated as regular employee--Services were repatriated to parent department--Determination--Validity--Unless the letter of confirmation is issued, the period of probation shall be deemed to have been extended for another period of one year--Order of repatriation having been made within the probation period. [P. 913] A (ii) NWFP Medical Institutions Rules, 2001-- ----R. 10(i)--Constitution of Pakistan, 1973, Art. 212(3)--Notification was declared being without lawful authority and against law and rules--Civil servant/respondent was appointed as lecturer--Post of Assistant Professor was advertised--Applied through proper channel--Civil servant was to undergo a period of probation--Probation period would be considered as extended--Respondent would be treated as regular employee--Office order was issued by the principal of the Medical Institution--Ex. Pakistan Leave was granted--Notification--No objection to join his new assignment--On expiry of leave he would have to complete remaining probation period--Chief Executive repatriated the civil servant to his parent department--Assailed--Held: Probation period would be considered as extended for another year and on completion of the probation or extended period of probation, the civil servant would be treated as a regular employee. [P. 913] B (iii) NWFP Medical Institutions Rules, 2001-- ----R. 10(i)--Civil servant--Appointed as Lecturer--Post of Assistant Professor was advertised--Applied for--Probation period of two years--No letter was issued after expiry of two years--Probation period would be considered as extended for another year--On completion of the probation, or extended period of probation, the civil servant would be treated as regular employee--Principal granted Ex-Pakistan leave without pay--No objection to join his new assignment and on expiry of leave repatriated the civil servant to his parent department--Appeal was allowed by High Court--Leave to appeal--Question…

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