Case Details

Citation(s)
1985 SLG 1040 1985 SLD 1040 1985 SCMR 1978
Supreme Court of Pakistan
Civil Appeal No. Q-4 of 1985, decision dated: 10-04-1985 (On appeal from the judgment dated 29-9-1984 of the Baluchistan Service Tribunal passed in Service Appeal No. 20 of 1984)
MUHAMMAD AFZAL ZULLAH, NASIM HASAN SHAH AND ABDUL KADIR SHAIKH, JJ

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MUHAMMAD AKBAR KHAN---Appellant

VS

. GOVERNMENT OF BALUCHISTAN and another--Respondents

Law:

Section:

Baluchistan Civil Servants Act (IX of 1974)-----S. 6--West Pakistan Civil Service (Judicial Branch) Rules,1962, rr.6, 7 & 8(2) & 8(3), Explanation II--Probation--Removal from service--No order made by day following completion of initial probationary period of two years of appellant and his period of probation deemed to have been extended--Appellant not confirmed until expiry of aforesaid period and his services dispensed with within said extended period--No exception, held, could be taken to orders of his removal from service in circumstances. Basharatullah, Advocate Supreme Court with Iftikhar Muhammad, Advocate Supreme Court and Yaqub K. Eusufzai, Advocate-on-Record for Appellant. M. Yousuf, Asstt. A.-G. Baluchistan for Respondents. Date of hearing: 10th April, 1985. JUDGMENT NASIM HASAN SHAH, J.--The appellant was appointed to the cadre of P. C.S. (Judicial Branch) on probation on 5-8-1979. On the expiry of two years of the probation, no order was passed for his confirmation or for extension of the period of probation. On 10-8-1982, however, his services were dispensed with in exercise of the powers under section 6 of the Baluchistan Civil Servant Act (IX of 1974) read with rule 8(2) of the West Pakistan Civil Service (Judicial Branch) Rules, 1962. His appeal before the Tribunal was dismissed by the impugned order dated 29-9-1984. Under the proviso to section 6(1) of the Act, as in force at the relevant time, "the period of probation shall not extend beyond a period of two years from the date of initial appointment in a service or post". Section 7(1) of the Act laid down that:- "A person appointed on probation shall, on satisfactory completion of his probation, be eligible for confirmation in a service or, as the case may be, a post as may be prescribed and shall be deemed to have been confirmed after the expiry of a period of two years from the date of initial appointment to service or post, unless earlier removed or reverted from the service or post as the case may be". Rule 8(2) of the West Pakistan Civil Service (Judicial Branch) Rules, 1962, also is to the effect that if no orders have been made by the day on which the maximum period of…
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