Law:

Section:

(a) Civil service-­ -- Appointment-Order of--Becomes effective on date of report to--- authority concerned for duty-Non-assignment of duty and non­-payment of pay, held, not material. (b) Civil service- Appointment for specified period-Creates no right for continuance beyond such period in absence of fresh order to that effect. JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).--Briefly the facts are that the appellant who was initially working as a peon in the Irrigation Research Institute, Lahore was selected for appointment as Store Keeper at Nandipur, District Gujranwala on 13th November 1973, by the order of Director, Research Institute. In terms of the aforesaid order, the appointment was initially for a period of three months. The appellant appears to have reported for duty at Nandipur on 14th November 1973. In the meantime the Irrigation Research Institute Employees' Union appears to have represented against the appointment of the appellant and instead demanded that Abdul Rehman who was already working in the Stores should have been appointed as Store Keeper. In view of the aforesaid representation it further appears that appointment of the appellant was held in abeyance by the orders of the Director, Irrigation Research dated 21st November 1973. Afterwards the recommendations were called for the Employment Exchange on 25-2-1974 for sending suitable candidates for interview on 19th March 1974, for appointment as Store Keeper. After the interview on 19th March 1974, in which the appellant also participated, aforesaid Abdul Rehman was selected as Store Keeper and appointed in same capacity on 28th March 1974. The appellant aggrieved by the aforesaid appointment first moved a writ petition in the Lahore High Court, which was declared to have abated on 3rd December 1974, after the establishment of this Tribunal. Before filing the present appeal on 12th December 1974, before this Tribunal the appellant had also approached the departmental authorities in. appeal, which was also rejected by the Chief Engineer concerned. In support of the appeal the learned counsel for the appellant contends that since his appointment had been validly made therefore the same could not be…

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