| Citation(s) |
|---|
| 1957 SLG 77 1957 SLD 77 1957 PLD 641 |
Lahore High Court
Second Appeal No. 514 of 1956, decided on 3rd June 1957, from the decree of Zia Ullah Khan, Senior Civil Judge, Lahore, invested with enhanced appellate powers, dated 2nd August 1956, affirming that of Zafar Ahsan Mahmud, Civil Judge IV Class, Lahore, dat
A. R. CHANGEZ, J
Sardar Muhammad Iqbal for Appellant. R. Sidhwa for
Respondent
Second Appeal No. 514 of 1956, decided on 3rd June 1957, from the decree of Zia Ullah Khan, Senior Civil Judge, Lahore, invested with enhanced appellate powers, dated 2nd August 1956, affirming that of Zafar Ahsan Mahmud, Civil Judge IV Class, Lahore, dat
A. R. CHANGEZ, J
Sardar Muhammad Iqbal for Appellant. R. Sidhwa for
Respondent
MUHAMMAD IQBAL
VS
THE FEDERATION OF PAKISTAN
Law: Civil Service Rules
Section: 76,90,156
Law: Constitution of Pakistan, 1973
Section: 181(1)
Law: Government of India Act, 1935
Section: 240,240(2)
(a) Temporary "substantive" service----- ------Meaning of expression-Civil Service Regulations, Arts. 76, 90 and 156. "Temporary appointment" as defined in Article 76 of the Civil Service Regulations relating to salary, leave, pension and travelling allowance is an appointment carrying a definite rate of pay sanctioned for a limited time. The word "substantive" has not been defined anywhere in the C. S. R., but having regard to the context ii, which the word has been used in the Articles of the C. S. R. it has been used only in connection with the regulation of the pay. It has nothing to do with the. duration of the appointment, but merely describes the nature and the character of the appointment. The substantive appointment of a civilian to a temporary post is intended to regulate his pay in terms of Article 156 of the C. S. R. Held, therefore, that when a temporary Civilian Assistant Security Officer was made a temporary substantive Assistant Security Officer no change had been brought about in the terms and conditions of his service, which continued to be governed by his original agreement. The contract of service had never been cancelled or varied, and he remained a temporary employee throughout his service. His services therefore could have been terminated by giving him one month's notice or by giving one month's salary in lieu thereof in terms of the contract of his service. (b) Temporary service----- -----Terminable on one month's notice in terms of contract of service-No show-cause notice necessary --Government of India Act, 1935, S. 240-(Constitution of Pakistan, Art. 181). The termination of service of a temporary employee on one month's notice in terms of the contract of service is not removal or dismissal and section 240 of the Government of India Act is inapplicable to such a case. Raja Muhammad Afzal Khan v, Federation of Pakistan P L D 1957 (W. P.) Lah. 17 ; Abdul Karim v. West Pakistan P L D 1956 S C Pak. 298 ; Shamsul Huda v. The State Constitutional Civil Appeal No. 1-D of 1956 and Nur-ul-Hasan and others v. The Federation of Pakistan P L D 1956 S C Pak. 331 ref. (c) Service---- -----Terminated in accordance with contract--Termination not…
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