Case Details

Citation(s)
2017 SLG 1285 2017 SLD 1285 2017 PLJ 176
Service Tribunal, Punjab
Appeal No. 200 of 2014, decided on 14.12.2016. Date of hearing: 13.12.2016.
MUHAMMAD YAR WALLANA, MEMBER-IV
Mr. Muhammad Akhtar Munir Pirzada, Advocate for Appellant. Mr. Kewan Basit, D.A. and Mr. Ashiq Ali, Assistant for
Respondents.

MUHAMMAD ALTAF . --Appellant

VS

SECRETARY TO GOVERNMENT OF THE PUNJAB S&GAD PUNJAB, LAHORE AND 4 OTHERS . --RespondentS

Law:

Section:

Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 --.-- --.-- Rr. 4, 17, 18 & 22 --.-- Punjab Service Tribunals Act, 1974, S. 4 --.-- Civil servant --.-- Adhoc appointment --.-- Refusal to grant benefits of service from initial appointment on ad-hoc basis --.-- Question of --.-- Whether civil servant was entitled to regularization in service from date of initial appointment or from date when his services were regularized --.-- Validity --.-- Ad-hoc appointee was not entitled to any sort of claim of seniority in service as well as back benefits from date of his initial appointment --.-- If appointed on adhoc basis or contract basis develops legitimate expectancy for regularization of his services as post against which he/she has been working for such long time was by all means a permanent post against which process of adhoc appointment is always deprecated --.-- Refusal to grant regularization from date of initial appointment had definitely deprived appellant all service benefits like earning of increments, up-gradation, if any, and seniority in service as well --.-- It is an established principle of law that seniority of civil servants in service is a benefit and advantage gained by virtue of continuous services rendered to satisfaction of employer, which aspect should not be ignored when adhoc appointments are regularized. THIS JUDGMENT DELIVERED BY: MUHAMMAD YAR WALLANA, MEMBER-IV:---.--- Succinctly stated, the appellant Muhammad Altaf, Stenographer in the office of Deputy Director Food Division, Bahawalpur has invoked the jurisdiction of this Tribunal under Section 4 of Punjab Service Tribunal Act, 1974 thereby assailing the order dated 18.05.2011, letters dated 04.03.2013 and 01.04.2013 with a prayer to declare the said order and letters as illegal, against law and facts, discriminatory, violative of fundamental rights and that the respondents be directed to act in accordance with law and the constitution to give effect to his regularization in his service as Stenographer w.e.f. 21.07.1989 when the juniors of the appellant were regularized. The appellant was initially appointed on adhoc basis as Stenographer in the Food Office…
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