Case Details

Citation(s)
1981 SLG 299 1981 SLD 299 1981 SCMR 469
Supreme Court of Pakistan
Civil Petitions Nos. 918 and 919 of 1979, decision dated: 21st March 1981.(On appeal from the judgment and order of the Service Tribunal dated 18th September 1979 in Appeals Nos. 94, 95 and 96 of 1979)
ANWARUL HAQ, C.J. AND SHAFI-UR-REHMAN, J

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MUHAMMAD SHAHBAZ CHEEMA

VS

PROVINCE OF PUNJAB ETC. Vs PROVINCE OF PUNJAB ETC.

Law:

Section:

(a) Martial Law Instructions, 1977 (Regularisation of Ad Hoc Appointments) [M. L. A.. Zone `A ]- -- No. 21 read with Punjab Civil Servants Act (VIII of 1974), Ss. 2(1)(a) & 10-Ad hoc appointment-Termination of services­ Ad hoc appointments being not made in accordance With prescribed method of recruitment liable to be terminated in event of regularly recruited candidates bring available--Petitions appointment on condi­tion of their services being liable to termination without notice and without assigning any cause and petitioners' accepting their appoint­ments on clear understanding of rot having acquired any vested legal right to hold appointment on regular basis, grievance of petitioners regarding advertisement having been put out by Department for fresh recruitment on regular basis even when petitioner still Conti­nued in service, held, entirely misconceived--[Abdul Majid Sheikh v. Mushaffe Ahmad P L D 1965 S C 208; Fayyaz Hussain v. Admi­nistrator, Lahore Municipal Corporation P L D 1972 Lab. 316 ; The State v. Ziaur Rahman P L D 1973 S C 49 ; Muhammad Aslam v. Government Of Pakistan P L D 1978 Lah. 325 and . Province a Punjab v. Abdul Rehman Khan P L D 1979 S C 711 held not applicable. Abdul Majid Sheikh v. Musharfe Ahmed P L D 1965 S C 208 ; Fayyaz Hussain v. Administrator, Lahore Municipal Corporation P L D 197? Lah. 316 ; The State v. Ziaur Rahman P L D 1973 S C 49 ; Muhammad Aslam v. Government of Pakistan P L D 1978 Lah. 325 and Province of Put jab Abdul Rehman Khan P L D 1979 S C 711 held not applicable. (b) Marital Law, Instructions, 1977 (Regularization of Ad Hoc Appointments) [M. L. A.. Zone `A ]- -- No. 21 read with Punjab Civil Servants Act (VIII of 1974), Ss. 2(l)(a) & 10-Ad hoc appointment - Termination of service ­Powers of Government having been assumed by Martial Law Admi­nistrator in Province concerned such Administrator authorised to order scrutiny of ad hoc appointments-Contention as to orders of termination of services having stood vitiated by reason of inclusion of a Military Officer in Selection Committee, held, misconceived particularly when such orders passed by competent authority of department con­cerned. Civil Petition…
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