Law:

Section:

(a) Punjab Road Transport Rules, 1972- _-- R. 7(7) [as amended on 18-12-1974]-Appellants at time of their transfer to Road Transport Board enjoying status of civil servants ­No evidence on record showing any subsequent change in status ­Mere fact of appellant having been subjected to certain disciplinary actions by Board authorities scant justification to hold terms and conditions of appellants as civil servants being modified to extent of their cessation as civil servants for all purposes-Appellants, held, civil servants and order of Managing Director, Punjab Transport Board directing retirement of appellant wholly without justification and nullity in eye of law. Writ Petitions No. 1571-1572-S of 1975; Fayyaz Ali's case. 1971 S C M R 454; Rana Muhammad Jamil's case P L D 1957 Lah. 1; Irshad Muhammad Mirza v. R. T. C. P L D 1966 Lah. 632; Rana Muhammad Jamil v. Punjab R. T. B. P L D 1959 Lah. 1 and P L D 1966 Lah. 632 ref. (b) Punjab Administrative Tribunals Act (IX of 1974}- -----S. 4-Limitation-Order appealed against-A nullity and not binding on appellants-No question of limitation, held, arises in circumstances-Question of jurisdiction also not free from difficulty and writ petition filed under bona fide belief of High Court having jurisdiction-Delay caused due to prosecution of case in High Court, held, could in circumstances he also condoned. P L D 1970 Lah 6 ref ORDER These two appeals directed against the orders of Managing Director, Punjab Road Transport Board, Lahore directing retirement of the appellants after completing 25 years service involve the common issues and are disposed of by the same judgment. In Appeal No. 311/446 of 1975 Mr. Rafique Ahmad Shad initially joined as junior Clerk on 31-12-1941 in the office of Punjab Transport Controller. He earned further promotions up to the rank of Assistant when on the crea­tion of the Punjab Road Transport Board under section 43-A of the Motor Vehicles Act, 1939, his services were transferred along with his post to the aforesaid Board w. e. f. 1-4-52 vide Punjab Govt. letter No. 74/52/4915/Exh-1, dated 30-8-52. It is the common case that at the time of his transfer, he permanent hand his terms and…

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