Law: Constitution of Pakistan, 1973

Section: 212(3)

Punjab Civil Servants Act (VIII of 1974)--S.11-A (as amended by Punjab Civil Servants (Amendment) Ordinance (IX of 1978))--Constitution of Pakistan (1973), Art.212(3)--Civil servants appointed or promoted between the prescribed dates viz. 1st January, 1972 to 5th July, 1977-­Governor empowered to remove from service such employees on review of their cases--Petitioner's ad hoc appointment in 1972 was irregular as same was not in accordance with any Service Rules--Such appointee's removal was effected under provisions of S.11-A of the Act and was, therefore, protected in the absence of any specific allegation of mala fide exercise of power, the onus of which was on petitioners to establish which they failed to do so--Powers exercisable under S.11­A of Civil Servants Act are without any impediments as to the terms and conditions of civil servants and without reference to the category of employment-­Only condition laid down is that the civil servants proceeded against should have been appointed or promoted between the prescribed dates--No other consideration can be pressed against the exercise of power nor can the action of removal be treated on the touchstone of `public interest', as it is left to the subjective satisfaction of the Governor--Petition being devoid of merit was dismissed in circumstances. Lt.-Col. Farzand Ali and others v. Province of West Pakistan P L D 1970 SC98re1. Zakiuddin Pal, Senior Advocate Supreme Court and Tanveer Ahmad, Advocate-on-Record for Petitioners (in all Petitions). Nemo for Respondents. Date of hearing: 21st November, 1988. ORDER MUHAMMAD HALEEM, C J.--The petitioners, herein, are ad hoc appointees as Labour Officers or Assistant Directors, in the Labour Department as from the year 1972. Their claim is that their tenure of appointment is permanent and regular as their appointments were regularized in accordance with law then applicable. By order dated 26th May, 1979, the Governor, Punjab, in exercise of the powers under section 11-A of the Punjab Civil Servants Act, 1974, as amended by the Civil Servants (Amendment) Ordinance, 1978, removed them from service with immediate effect. Against this order the petitioners jointly filed…

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