Law: Civil Servants Act, 1973

Section: 11(3), 25.

Civil service Termination of service---Temporary employee though has no lien on any post yet his services cannot be - terminated arbit rarily-Post continuing--Appointment not qualified by any extraneous circumstance--Removal not possible unless declared as undesirable--Appointment :rude not subject to any condition Termination order issued stating that earlier incumbent was being re-instated--No notice issued-Termination order, in circumstances, held, not only defective for want of 14 days' notice but not sustainable being mere arbitrary exercise of powers-Civil Servants Act (LXXI of 1973), Ss. 11(3) & 25.   ORDER In pursuance of new Education Policy set forth in Martial Law Regulation No. 118, Lady Griffin Railway Girls High School, Lahore, was taken over by the Pakistan Railways. Miss Tasneem Malik, B. A., B. Ed. was then serving in the said private institution as an Assistant Mistress. She was appointed thereto on 16-9-1971. On 30th April 1973, an offer was made to appellant, Miss Tasneem Malik for absorption in the newly-taken over institution as an Assistant Mistress. The appointment was temporary but was to be governed by terms and conditions applicable to other Railway employees. The offer made on 30th April, 1973 was accepted vide letter 4th of May, 1973 and posting order thereafter was issued on 7th May, 1973. On 11th January, 1974, notice of termination of service was served on the appellant, in following lines :-- "Consequent upon the reconsideration of the appeal of Miss N. Riaz, Ex-Assistant Mistress (300/750) Lady Griffin Railway Girls High School, Lahore for re-instatement, the services of Miss Tasneem Malik who was appointed temporarily against her vacancy are hereby terminated with immediate effect." It was surprising, Miss N. Riaz was no longer on rolls of the School at the time of take-over. She had resigned. Her resignation had been accepted by the then Management with effect from 13-10-1972. In the context appointment of Miss Tasneem Malik was not subjected to any condition, least of all to the re-instatement of Miss N. Riaz. Feeling aggrieved she appealed to the Departmental authority, yet to no avail. Hence this…