Law:

Section:

Civil service- --- Patwari candidates-Appointment of-Patwari candidates not continuing in service-Treated as fresh candidate in fresh selec­tion-Action held, justified -Patwari candidate continuing in service at time of fresh selection-Post held by him, held, could not be treated as vacant and no fresh recruit could be appointed in his place. Muhammad Rafiq Warriach for appellants. Mian Abdul Wahad and Haroonur Rashid Cheema, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Messrs Muhammad Hanif and Gbulam Rasool have filed these appeals under section 4 of the Punjab ­Service Tribunal Act, 1974, in which they have impleaded the Commis­sioner, Lahore Division, Deputy Commissioner, Sialkot, Assistant Com­missioner, Shakargarh and M/s. Bashir Ahmad, Muhammad Saeed, Abdul Majid, Allah Rakha, Inayat Ali and Patwari Halqa Inayatpur No. 2, as respondents. 2. By virtue of these appeals they have claimed that impugned order, dated 29th August, 1981 be set aside and the order, dated 28th February, 1981 passed by respondent No. 1 may be restored alongwith all back benefits in favour of the appellants. 3. Brief facts of the case are that the appellants were employed as Patwari candidates in the years 1960 and 1964, respectively. As the history of these two cases is a bit different, therefore, we will first of all deal with the case of Muhammad Hanif and later on with the case of Ghulam Rasool. Muhammad Hanif (appellant) was removed from service on 15th June, 1974 under the order of Settlement Officer, Sialkot on account of his conviction in the criminal case. He filed an appeal before the Commissioner, Lahore, who vide his order, dated 28th April, 1975 reinstated him, by setting aside the said order of his dismissal. A. C. Shakargarh subsequently acting as Collector of the Sub-Division termi­nated the service of the appellant alongwith some others. Against this order, the appellant filed appeal No. 131 of 1980 and the learned Com­missioner vide order, dated 23th February, 1981 accepted the appeal and reinstated the appellant in service. Respondents Nos. 3 to 7 then filed a review petition against the said order of 28th February, 1981 and the…

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