| Citation(s) |
|---|
| 1985 SLG 2293 1985 SLD 2293 1985 PLC 995 |
Service Tribunal, Punjab
Case No. 545/494 of 1983, decided on 3rd June, 1984.
S. ABDUL, JABBAR KHAN, CHAIRMAN, ABDUL HAMID CHAUDHRY AND MIAN FAIZ KARIM, MEMBERS
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Case No. 545/494 of 1983, decided on 3rd June, 1984.
S. ABDUL, JABBAR KHAN, CHAIRMAN, ABDUL HAMID CHAUDHRY AND MIAN FAIZ KARIM, MEMBERS
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JAVED IQBAL AND 42 OTHERS
VS
CHIEF SECRETARY TO GOVERNMENT OF PUNJAB AND OTHERS
Law:
Section:
Punjab Civil Servants Act (VIII of 1974)- --Ss. 2 (1) (a) & 10 (ii)-Punjab Civil Servants (Appointments and Conditions of Service) Rules, 1974, r. 22-Punjab Public Service Commission (Functions) Rules, 1978-West Pakistan Civil Service (Judicial Branch) Rules, 19, r. 5-Ad hoc appointment-Appointment made in prescribed method-Cannot be termed as ad hoc appointment-Recruitment of Civil Judges-Persons not qualifying competitive examination held by Punjab Public Service Commission-Governor while accepting proposal to make ad hoc appointments to cope with increasing back-log of pending cases asking Public Service Commission to submit examination record and on that basis making purely temporary ad hoc appointments for six months with explicit conditions that appointees shall have to appear in next competitive examination to be conducted by Public Service Commission and in case of their failure to qualify with requisite standard their ad hoc appointment shall be liable to termination immediately after announcement of result of next examination-Ad hoc appointments extended further from time to time after a period of 6 months-Appointees appearing in next examination but failing to qualify-Appointments terminated-Such appointment, in circumstances, held, not made in prescribed method and were correctly and legally termed as "ad hoc" hence appeal against termination ` dismissed by Service Tribunal. P L D 1971 S C 846 ; 1976 S C M R 48 and 212 ; P L J 1978 Lah. 508 ; 1981 P L C (C. S.) 731 ; 1984 P L C (C. S.) 276 ; 1983 P L C (C. S.) 246 ; P L J 1982 Jr. C) Service 165 ; P L D 1966 (W. P.) Lah. 825 and also Black's Law Dictionary and Broom's Legal Maxims, p. 191 ref. Ch. Mushtaq Masood for Appellants. A. G. Humayun, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).--Messrs Javed Iqbal and 42 others, as per list attached, have filed this appeal under sections 4 of the Punjab Service Tribunals Act, 1974, in which they have impleaded the Government of the Punjab through Chief Secretary, Government of the Punjab, Lahore and Punjab Public Service Commission through its Chairman, as respondents. 2. By virtue of this appeal they have prayed…
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