Law:

Section:

(a) Baluchistan Civil Servants Act (IX of 1974)-----S. 11--West Pakistan Local Councils and Municipal Committee Service Rules, 1963, R. 13(3)--Termination of service--Temporary appointments on ad hoc basis--Unsatisfactory performance--Removal from service within extended period of probation ---Appellants declared surplus in Government department and were appointed in Local Council Department on regular basis initially on probation--Services dispensed with during extended period of probation due to unsatisfactory work--Review applications and appeals failed--Order' impugned--Plea that appellants should have been reverted to their parent department, repelled because their services were dispensed with during probation period and on becoming surplus there was no post left to which they could be reverted--Judgment upholding order of removal being unexceptionable, appeals failed and were dismissed. (b) Constitution of Pakistan (1973)-- ---Art. 212(3)--Appeal before Supreme Court--Contention not having been raised before Service Tribunal not permitted to be raised in Supreme Court same being not one of pure law and was determinable on proper scrutiny of facts as well. JUDGMENT S.A. NUSRAT, J. --The above two appeals arise out of a common judgment of the Baluchistan Service Tribunal, Quetta dated 14-10-1985 and are being disposed of together as the questions of law raised therein are the same. 2. The appellants were selected as Markaz Managers in Grade-17 on purely temporary and ad hoc basis, "till further orders and subject to selection by the Baluchistan Public Service Commission, whichever was earlier vide order dated 20-7-1974. These posts were under Local Government Rural Development and Agrovilles Department, Government of Baluchistan. The appellants joined the service and continued to serve the Department in various capacities. Later, they were declared surplus and on the recommendation of the Provincial Local Councils Selection Board, were appointed on regular basis in Grade-17 in the Local Councils Service by notification dated 26-9-1982, which mentioned that the appellants. "surplus Grade-17 ad-hoc officers of the Local Council Department," were appointed on…

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