| Citation(s) |
|---|
| 1980 SLG 1305 1980 SLD 1305 1980 PLC 32 |
Service Tribunal, Punjab
Cases Nos. 344/9 of 1977; 9/2.6, 150 of 1978; 47 and 53 of 1979, decided on 18th September 1979.
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Cases Nos. 344/9 of 1977; 9/2.6, 150 of 1978; 47 and 53 of 1979, decided on 18th September 1979.
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Malik JAVED AZAM AND 4 OTHERS
VS
GOVERNMENT OF PUNJAB, ETC.
Law:
Section:
Civil service- -----Ad hoc appointment-Conversion of appointee not made on ad hoc basis-Conversion of regular appointment into ad hoc basis subsequently-Requires show-cause notice-Martial Law Instruction No. 21 does not exclude such requirement. P L D 1978 Lah. 752 and Abdur Rehrnan v. Collector & Deputy Commissioner, Bahawalnagar P L D 1964 S C 461 fol. ORDER In this set of five appeals, the appellants were appointed by the Competent Authority on regular basis in relaxation of the relevant rules by the Punjab Government. All the appellants in these cases were appointed prior to 5-7-1977. 2. However, after the promulgation of Martial Law on 5-7-1977, Martial Law Instruction No. 21 was issued by the Martial Law Administrator, Zone `A', Punjab, to scrutinise the ad hoc appointments. Paragraph 3 of the Martial Law Instruction No. 21 reads as follows :- "Martial Law Administrator, Punjab, Zone `A' further directs that all appointments, whether by initial recruitment or by promotion, made otherwise than in accordance with the prescribed method of recruitment/promotions, shall be deemed to have been made on ad hoc basis notwithstanding that they have been made in the purported exercise of power of relaxation of rules and their cases will also be regulated according to policy given in para. 2 above." It is by virtue of the provisions reproduced above that the appointments held by the appellants though regular to start with were deemed to have been made on ad hoc basis and were rendered liable to be terminated. 3. Admittedly, the termination order was not proceeded by any Show Cause Notice. The appellants have vehemently relied upon the, decision of Lahore High Court in P L D 1978 Lah. 752 vide which the impugned order passed in similar circumstances was set aside by the Lahore High Court on the ground that the same offended against the requirements of the principles of natural justice. The learned Government Pleader in his turn contended that since under paragraph 3 of Martial Law Instruction No. 21, the appellants were deemed to be ad hoc appointees, therefore, they were not entitled to…
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