Law:

Section:

(o) West Pakistan Textbook Board Ordinance (XLI of 1962)-- -- S. 4(2)-Chairman of Textbook Board holds statutory post for fixed period of 3 years-Leave of absence from such tenure post Does not, in ordinary course, interrupt duration of tenure or cause a vacancy-Order transferring or repatriating incumbent of such post before expiry of tenure-Held, to be without lawful authority and of no legal effect.-[Civil service]. Abdul Qayyum Qureshi v. Government of Punjab 1975 SCMR 457; Abdul Qayyum Qureshi v. Government of Punjab 1976 SCMR 48; Allauddin Akhtar v. Government of Punjab W. P. No. 3195-S of 1975; 63 American Jurisprudence 732 and 42 American Jurisprudence 940 ref. West Pakistan Province v. Bashir Ahmed Quralsht PLD 1959 S C (Pak.) 93; Pakistan v. Hikmat Hussain PLD 1959 S t,: (Pak.) 107 and Mahmoodul Hasan v. Islamic Republic of Pakistan PLD 1973 La h. 411 not relevant. (b) Penal Code (XLV of 1860)- S. 21= 'Public servant"-Every public servant not t so facto a Government servant.-[Public servant-.Words and phrases JUDGMENT The petitioner has by this Constitutional petition challenged an order of the Government of the Punjab dated the 17th of June 1978, the relevant portion of which is as follows: "Mr. Alla-ud-Din, Chairman, Punjab Textbook Board (on deputation) is repatriated to his original appointment as Secretary, Board of Technical Education and posted as such with immediate effect. On recall from leave, Mr. Muhammad Munawwar Khan (Grade-20) Secretary to Government of Punjab is posted as Chairman, Punjab Textbook Board (on deputation) in his own pay and grade and until further order vice Mr. Allah-ud-Din Akhtar repatriated." 2. It is -contended by the petitioner that he continues to hold the statutory appointment of Chairman, Punjab Textbook Board under Punjab Ordinance XLI of 1962 since 26-5-1976, He was not, he claims, on deputation on this post, nor could he be repatriated to the so-called 'original appointment' before the expiry of the prescribed tenure of three years. The case of the Government in resisting the petition is that he held a temporary stop-gap appointment as was apparent from the words "on transfer" and "officiating" used in his…

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