Law: Constitution of Pakistan, 1973

Section: 170

Law: Pakistan Essential Services (Maintenance) Act, 1952

Section: 221

Law: Government of India Act, 1935

Section: 102,102(4)

(a) Pubic Servant----- -----Employed for fixed term in first instance, but later, accepting new terms of service, posted against a permanent vacancy-Public servant a permanent employee not entitled to be relieved in accordance with his original terms--Writ refused-Constitution of Pakistan, Art. 170. Held, that in view of new terms and conditions of service accepted by the petitioner (a public servant) and in view of the fact that he was confirmed against a permanent post, the petitioner was a permanent employee of the department in which he was serving and was not governed by the terms and conditions under which he was originally appointed. The petitioner was not entitled to be relieved at expira­tion of his original term. Writ was refused. (b) Pakistan Essential Services (Maintenance) Act (LIII of 1952)---- ---Still in force-Essential Services (Maintenance) Adaptation Order XIII of 1956. Due to the cessation of operation of the Proclamation of Emergency made under section 102 of the Government of India Act, 1935, on the coming into force of the Consti­tution (Article 191) and the expiration of the same, six months after, i.e., on 23rd September 1956, (Article 221), the Pakistan Essential Services (Maintenance) Act (LIII of 1952), ceased to have effect on the latter date only to the extent of incompetency [section 102 (4), Government of India Act, 1935)], i.e., so far only as it legislated in respect of Provincial services and not in respect of Central Services. Moreover, the Essential Services (Maintenance) Adapta­tion Order XIII of 1956, issued on 22nd September 1956, provided that the Pakistan Essential Services (Maintenance) Act, LIII of 1952, shall have effect subject to the amendments, modifications and adaptations directed in the Schedule to that Order. JUDGMENT A. R. CHANGEZ, J.-------The petitioner, Zia-ud-Din Ahmad, was recruited as a Foreman (Rifles) in the Pakistan Ordnance Factories, in the year 1949, on a contractual basis for a period of five years only, vide conditions of service attached as Appendix I to the petition. In the year 1950, he was selected for higher training in U. K. and he signed a bond, a copy of which is Appendix II, by which he…

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