Law:

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West Pakistan Civil Service (Judicial Branch) Rules, 1962-- ---R. 8(5)--Departmental Examination Rules, 1933, Punjab Civil Servants Act (VIII of 1974), S.5(3) and Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974. R.7(2)--Departmental Examination Rules of 1933 meant for 'Accepted Candidates' for posts of Subordinate Judges, held, were not operative for purposes of S.5(3) of Punjab Civil Servants Act, 1974 or R.8(4) of West Pakistan Civil Service (Judicial Branch) Rules, 1962--Government, held, could terminate services of Civil Judge appointed under West Pakistan Civil Service (Judicial Branch) Rules, 1962 if his work and conduct was unsatisfactory during probation period and had also failed to clear Departmental Examination as prescribed under R.8 of West Pakistan Civil Service (Judicial Branch) Rules, 1962 read with R.7 of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974--Passing of Departmental Examination in higher standard under Rules of 1933, held, was not a condition precedent for a Civil Judge to remain in service-­Termination of services of Civil Judges after remaining in service for four years on grounds of failure by a few marks to obtain higher standard in one paper, held, was illegal and ineffective--Termination set aside by Service Tribunal awarding re-instatement with all back benefits--Punjab Service Tribunals Act (IX of 1974), S. 4. Masud Ahmad Riaz for Appellants. Haroonur Rashid Cheema, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).--Messrs Syed Ijaz Qutab, Raja Abdul Qayyum and Sajjad Ahmad, all ex-Civil Judges, have filed these appeals under section 4 of the Punjab Service Tribunals Act, 1974, in which they have impleaded, Chief Secretary, Government of the Punjab, Lahore and Secretary, Government of the Punjab Service, General Administration and Information Department, Lahore, as respondents. 2. By virtue of these appeals they have prayed that the impugned order, dated 4-5-1981, passed by respondent No.1 on behalf of the Governor of the Punjab, be set ,aside as illegal and without lawful authority. It has been further prayed that the appellants be re-instated in…

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