Law:

Section:

Constitution of Pakistan (1962), Art. 177-Government servant-Termination of service-Temporary employee-Show-cause notice-Government employee (Computer) treated as temporary and his services terminated without giving show-cause notice-Official's name in annual report published by Institute shown against regular post-Regular computors' pay sanctioned by Accountant­ General while that of work-charge computors sanctioned by Director of Institute-Petitioner's pay found sanctioned by Accountant­ General-Appointment though temporary yet for an indefinite period-Material, held, quite sufficient to show petitioner's posting against permanent post-Petitioner's removal from service, held, rightly declared by High Court as illegal. Abdul Majid v. Mushaffa Ahmad P L D 1965 S C 208 and Miss Nasim Jahan Naim v. General Manager P L D 1968 S C 112 ref. ORDER WAHEEDUDDIN AHMAD, J.-The respondent was employed as a temporary Computor under petitioner No. 2, by letter No. 5054/ 35-EG dated the 14th June 1958. On the 6th July 1964, the peti­tioner No. 2 terminated the services of respondent with effect from the 31st July 1964. In the beginning, the respondent filed a civil suit challenging the order of the termination of his service, but withdrew it on the 18th December 1965. He later on, filed a Writ Petition No. 525 of 1966. The High Court, by judgment dated the 22nd February 1972, has accepted the writ petition and set aside tae order of termination of service of the respondent dated the 6th July 1964. The petitioners seek permission to file an appeal against the said order. Mr. Muhammad Abdullah Bajwa, learned counsel for the petitioners, has contended that the respondent was appointed by the Director, Irrigation Research Institute, Lahore, on the 14th June 1958. According to the learned counsel, the letter of appointment clearly lays down that the post was purely temporary to be terminated at any time by giving one month's notice in writing. His contention is that the finding of the High court that the respondent was posted against a permanent post and his appointment, though temporary, was for an indefinite duration and, therefore, could not be treated as temporary service is…

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