Case Details

Citation(s)
1985 SLG 640 1985 SLD 640 1985 SCMR 946
Supreme Court of Pakistan
Civil Petition No.241 of 1984, decision dated: 3rd May, 1984, hearing DATE : 30-05-1984 (On appeal form the judgment dated 28-12-1983 of the Punjab Service Tribunal in Appeal No. 239/27 of 1982)
ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ

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INSPECTORGENERAL OF POLICE, PUNJAB and others

VS

ALI ABBAS and others

Law:

Section:

Constitution of Pakistan (1973)--Art. 2123)--Punjab Civil Servants Act (VIII of 1974), S.6 (6)--Civil service -Confirmation-- Petitioner recruited against temporary post when permanent post was available on date of appointment--Order of confirmation from subsequent date impugned--Such order should to deemed to have been appointed against permanent post and Civil Servant was entitled to be confirmed against same permanent post with effect from date of appointment--Leave to appeal refused.--[Civil services]. ORDER NASIM HASAN SHAH, J.--This petition is directed against the order of the Punjab Service Tribunal dated 28-12-1983 whereby the appeal of respondent No.1 was accepted and it was directed that he should be treated as having been appointed as a P.S.I. on a permanent post w.e.f. 12-9-1960 and that his seniority reckoned on the said basis. According to the letter of his appointment, Ali Abbas, respondent No.1, was recruited on 12-9-1960 against a "temporary post", as P.S.I. The said respondent represented to the Department that as a permanent post was available when he was appointed on 12-9-1960 he should to deemed to have been appointed against the said permanent post. This request was turned down on the ground that no such permanent post existed on 12-9-1960. Ultimately, he was confirmed with effect from 1-6-1973. The standpoint of the Department was that a permanent post became available only with effect from the said date and that as soon as it became available the respondent was confirmed against it. Respondent No.1, however, continued to clamour that a permanent post was in existence ever since the date of-his appointment i.e. 12-9-1960 and that the Department was unjustifiably refusing to accept this position and continued to submit representations urging this plea.…
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