Law:

Section:

Punjab Criminal Prosecution Service (Conditions, Functions and Powers) Act (III of 2006)-------Ss. 8(4) & 15---Constitution of Pakistan, Art.199---Constitutional petition---Appointment on contract basis---Dispensing with and termination of services---Petitioners were appointed as Additional Prosecutor General and Deputy Prosecutor-General in BS-19 & BS-18 on contract basis for a period of 3 years, extendable on performance basis---Vide impugned notification, services of the petitioners having been terminated, they had impugned said notification in constitutional petition alleging the same as arbitrary---Petitioners had claimed that impugned notification dispensing with their services be declared without lawful authority and they could be allowed to continue in service till the appointment of rightful permanent incumbents---Plea of the authorities was that all appointments through initial recruitment in the Prosecution Service were required to be effected under S.8(4) of Punjab Criminal Prosecution Service (Conditions, Functions and Powers) Act, 2006, which mandated that such appointments should be made through a selection process to be conducted by the Punjab Public Service Commission---Petitioners were appointed without undergoing any selection process of Public Service Commission---Appointments of the petitioners were on temporary/contract under a Recruitment Policy with its inbuilt limitation as to its tenure---Said appointments were valid only as a transient measure and stop gap arrangement until the regular recruitment through Public Service Commission---Validity---Process of recruitment through Commission was not only mandated by law but was necessary in order to ensure transparency and for upholding the merit---Petitioners who were appointed by way of initial recruitment, at the best were entitled to retain their posts until the process of initial recruitment for regular appointment through Public Service Commission was completed---Appointments, if any to be effected, otherwise than by initial recruitment had no nexus to the rights of the petitioners, nor was of any legal consequence to the lis---Impugned notification which appeared to have been…

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