Law:

Section:

(a) Limitation Act (IX of 1908)- -- S. 14-Filing of appeal-Condonation of delay-Civil servant on horns of dilemma on receipt of termination orders rushing to civil Court on legal advice of counsel to declare such orders void ab initio and civil Court entertaining petition issuing temporary injunction-District Judge in appeal also upholding above orders considering same a case within cognizance of civil Court and it was only in revision that High Court declared subject-matter relating only to Service Tribunal-Civil servant held, acted diligently in purusing matter in wrong forums and as such entitled to condona­tion of delay in filing appeal before Service Tribunal. (b) West Pakistan Local Councils and Municipal Committee (Service) Rules, 1963-- --- R. 13--Maxim: Audi alteram partem-Application---Letter issued calling civil servant for interview or offer of appointment nowhere mentioning his appointment against leave vacancy on ad hoc basis as a temporary arrangement-Civil servant not provided opportunity of personal hearing while effecting modification in his appointment order-Civil servant remaining on probation for two years as provided in Rules and vacancy to which appointed belonging to his own region having preferential right over such vacancy - Civil servant, held, having vested right to be provided opportunity of personal hearing-Order of termination of service set aside. M. M. Rahim for Appellant. A. G. Hurnayun, District Attorney for Respondent. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN). --Ghulam Rasool Zahid, Chief Officer, Municipal Committee, Sadiqabad District Rahimyar Khan, has filed this appeal under section 4 of the Punjab Service Tribunal Act. 1974, against the order dated 29th January, 1979 passed by the respondent whereby the services of the appellant have been terminated. He has impleaded the Secretary to Government of the Punjab, Social Welfare and Rural Development Department, Lahore, as respondent. 2. By virtue of this he has prayed that the impugned order be set aside and he may be declared as confirmed in L. C. S. (Grade-16) w. e. f. 26th November, 1978 the date on which probationary period had expired. He has also made further prayer…

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