Law: Service Tribunals Act, 1973

Section: 4

Law: Civil Servants Act, 1973

Section: 11 , 11-B

Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973

Section: 14, 15

Service Tribunals Act, 1973 (LXX of 1973)-- ----S. 4--Civil Servants Act, 1973 (LXXI of 1973), Ss. 11 & 11-B--Civil Servants (Appointment, Promotion & Transfer) Rules, 1973, Rr. 14 & 15--Post Office Manual Vol-IV, Rr. 233 & 236(1), (2)--Service matter--Termination--Recruitment--Irregular appointment--Quota system--Ex-servicemen quota--Merit--Over and above advertised posts--Waiting list--Violation of quota--Departmental inquiry--Show cause notice--Probation--Vested right--Locus poenitentiae--Bona fide appointment--No fault of employee--Illegal termination--Reinstatement--The Holy Quran said that no bearer of burdens would bear burden of another (53:38)--The following line was mentioned in consolidated advertisement, therefore, it was not justified to terminate services of civil servants on plea of “recruitment over and above posts advertised” as Department had kept possibility of increase in vacancies--Above cited provisions of law implied that 14 days notice was must for termination of a civil servant--Secondly irregular recruitment had been explained as “without observing prescribed procedure or without fulfilling prescribed qualification, experience and age limit” that too would not be terminable as in case of grade 16 and above FPSC would be consulted for their accommodation on any other post as per their qualifications--One reason of terminations was that they didn’t fall in quota of a certain unit--Respondents’ division of quota on unit basis was not only against APT Rules 1973 but could create imbalances amongst provinces and regions--Pakistan Post Office Department was for whole of Pakistan therefore division of quota should have been in accordance with rule 14 of APT Rules 1973 which stated that posts in basic pay scales [6 to 15] and equivalent in offices, which serve whole of Pakistan shall be filled on All-Pakistan basis in accordance with merit and provincial or regional quotas--Once a right was accrued to appellant by appointment letters issued after complying with all codal formalities could not be taken away on mere assumption and or supposition and or whims and fancy of any executive…