Law:

Section:

(a) Punjab Service Tribunals Act (1X of 1974)- -- S. 4-Civil service-Service Tribunal recommending Government converting of temporary posts into permanent posts and granting of retrospective confirmation-Such recommendations not accepted by Government for any reason-Held, petitioner has no cause of action-Recommendations if accepted and seniority list altered in consequences-Held further, entitles petitioner to approach Service Tribunal, if his seniority wrongly taken away. (b) Contempt of Court Act (LXIV of 1976)- - Ss. 3 & 4 and Constitution of Pakistan (1973), Art. 204 -­Contempt of Court-High Court issuing mandamus to respondent to implement directions given by Punjab Service Tribunal - Such mandamus basing on initial of Tribunal only making re­commendations-Respondent trying best to implement recommendation but not accepted for any reason by Government-Respondent, held, not acted contumaciously in deliberate disregard of order of High Court in circumstances of case. (c) Constitution of Pakistan (1973)---- - Art. 199-Constitutional jurisdiction - Grievance that notwith­standing recommendation, direction and order of Service Tribunal petitioner getting no relief but to silence him he was compulsorily retired by Government in spite of fact that according to his A. C. Rs. he is a man of honesty and ability - Grievances, held, has an element of pathos and tragedy such matter concerned with review­ing authority before which petitioner already filed a petition against his compulsory retirement. JUDGMENT While disposing of the petitioner's appeal for fixation of seniority, the Punjab Civil Service (Appellate) Tribunal, Lahore, said vide its order dated 4th July, 1972 that "we, therefore, recommend that the question of converting temporary posts in the Industries Department into permanent posts be examined and retrospective confirmation made against those posts so that the inquiry that person appointed earlier does not remain Junior temporary posts in the Industries Department to permanent posts, and of granting retrospective confirmation against these posts. Therefore, if the recommendation is not accepted for any reason by the Government, the petitioner would…

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