Law: Punjab Civil Servants (Efficiency and Discipline) Rules, 1975)

Section: 10

Law: Constitution of Pakistan, 1973

Section: 4,10A,19A

Punjab Civil Servants Act (VIII of 1974)--- ----S. 10---Constitution of Pakistan, Arts. 4, 10A & 19A---Appointment on ad hoc basis for one year or till availability of regular incumbent---Verbal termination of petitioner on transfer of regular incumbent---Due process---Scope---Contention of petitioner was that impugned verbal termination order was against law---Validity---Appointment on ad hoc basis was temporary in nature which was liable to termination on appointment of regular incumbent---Appointment of a person on the recommendation of selection authority during the tenure of ad hoc appointment was sine qua non---Respondent had been appointed prior to the appointment of petitioner and not during the tenure of one year---Authority even on appointment of regular incumbent was bound to serve a thirty days notice or pay in lieu thereof---Such notice was to contain the information of appointment of regular incumbent against the vacancy and an intimation of termination within thirty days from the date of notice---Termination in alternative with immediate effect was to be communicated with pay in lieu thereof---Due process and disclosure of necessary information in a notice or show-cause notice was Fundamental Right of the recipient of the notice---Any action taken on a notice or a show cause notice lacking due process or necessary information would be susceptible to judicial review in constitutional jurisdiction and liable to be set aside---Impugned action of reliving the petitioner verbally on simple transfer of a regular employee being not an incumbent appointed against the vacant post was declared in violation of express provisions of law---Statutory rights even temporary could not be taken away in violation of Fundamental Rights guaranteed under Arts. 4, 10A & 19A of the Constitution---Petitioner had statutory right though temporary to serve for one year unless a regular incumbent was appointed on recommendation of selection authority and that too on service of a written notice for thirty days or pay in lieu thereof---Impugned order passed by the authority was set aside---Petitioner would continue to serve unless her service was terminated in…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492