| Citation(s) |
|---|
| 1988 SLG 295 1988 SLD 295 1988 PLD 280 |
Supreme Court of Pakistan
Civil Appeal No.58 of 1984, decision dated: 11-04-1988.
MUHAMNAD HALEEM, C.J., NASIM HASAN SHAH AND SHAFIUR RAHMAN, JJ
M.Nawaz Abbasi, Assistant A.G. (Punjab) and Ijaz Ali Sheikh, Advocate-on-Record (absent) for Appellants. M.A.Qureshi, Advocate-on-Record (absent).
Civil Appeal No.58 of 1984, decision dated: 11-04-1988.
MUHAMNAD HALEEM, C.J., NASIM HASAN SHAH AND SHAFIUR RAHMAN, JJ
M.Nawaz Abbasi, Assistant A.G. (Punjab) and Ijaz Ali Sheikh, Advocate-on-Record (absent) for Appellants. M.A.Qureshi, Advocate-on-Record (absent).
GOVERNMENT OF PUNJAB and another.
VS
Sufi Malik MUHAMMAD SARFRAZ
Law:
Section:
(a) Punjab Civil Servants (Appointment and Conditions of 'Service) Rules, 1974-----R 22--Rules of Business Government of the Punjab, 1974, R.3(3)-Criminal Procedure Code (V of 1898), S.9(3)--West Pakistan Civil Courts Ordinance (id of 1962); S.6--Appointment of an Additional Sessions Judge by a notification by Services, General Administration and Information Department on ad hoc basis for a period of six months on 25-6-1977--Such Additional Sessions Judge was required to appear for interview before Punjab Public Service Commission by mother letter dated 19-12-1977--Two other notifications one under x.9(3), Cc: ?.C. dated 28-2-1978 and the other under S.6, West Pakistan Civi: Courts Ordinance, 1962 by Provincial Home Department were also issue! notifying appointment of the Additional Sessions judge --By another notification Services and General Administration and Information Department informed said Additional Sessions Judge that period of his ad hoc appointment as civil servant had expired and he was free to apply for fresh appointment when applications were invited by the competent authority--Held, first appointment of the civil servant came to an end by efflux on time on the expiry of six months of his taking charge under notification dated 25-6-1977- Notification dated 28-2-1978 had not the effect of re-appointment or of extending the earlier appointment which had concluded by efflux of time--Effect of notifications under S. 9(3), Cr.P.C. and S.6, West Pakistan Civil Courts Ordinance, 1962 was of conferring powers on the civil servant under the specified laws during the period he discharged his duty and the effect of providing of a legal cover to his functioning in the past. [pp. 285, 286] A, B, C & D (b) Civil service-- --- Appointment of civil servant on ad hoc basis for six months-Omission of communication of letter of expiry of ad hoc appointment of civil servant and grant of casual leave, held, could not have the effect of re-instatement of civil servant in service, continuing his service beyond the period which had expired by efflux of time, or his reappointment on the post or of conferring any legal benefits arising by his remaining in office…
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