Law: Civil Services (Classification, Control and Appeal) Rules

Section: 46

(a) Civil Services (Classification, Control and Appeal) Rules--- ---R. 46(1)-Cadre, strength of-Officer appointed subject to con­ditions (i) no pension payable; (ii) either party entitled to terminate employment by 2 months' notice; (iii) appointment temporary, giving no right to permanent employment-Regard being had to original letter of appointment Government's intention clear not to increase strength of permanent cadre but merely to make temporary arrange­ment for a fixed period to meet a special situation-Appointment made by virtue of original letter of appointment, held, not an appointment in service of Government--attracting ordinary incidence of Government Service- Contention that creation of temporary post by competent rule-making authority pro tanto also increases strength of cadre to such extent, held, unfounded.-[Civil services]. (b) Punjab Civil Service (Executive Branch) Rules, 1930----Rr. 3, 5, 6, 11 & 23-Seniority-Cannot commence until official entered service --Appellant by virtue of his first appointment not entering regular service and outside regular cadre attracting application of Punjab Civil Service (Executive Branch) Rules, 1930 and rules as to seniority also not applying to temporary officials, rules as to seniority, held, not applicable to appellant with retrospective effect from his first appointment--[Civil services]. JUDGMENT HAMOODUR RAHMAN, J.-This certificated appeal is directed against the judgment and order of a Division Bench of the High Court of West Pakistan dismissing' the writ petition filed by the appellant herein for, inter alia, the fixation of his seniority in the cadre of P. C. S: (Executive Branch) of the Government of West Pakistan. The appellant, who was a lawyer practicing at Ambala, was appointed by the then Government of Punjab on the 19th March, 1947, against one of the 55 temporary posts of Extra Assistant Commissioners in the Punjab Civil Service (Executive Branch) Cadre". The terms and conditions of appointment, as set out in the letter offering the appointment addressed to the appellant clearly mentioned that (1) the period of appointment will be for two years, (2) no pension would be allowed for this…

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