Law:

Section:

(a) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974--- -----R. 15(1)---Punjab Civil Servants Act (VIII of 1974), Preamble, Ss. 4 & 23---Vires of R. 15(1), Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 on the touchstone of S. 23, Punjab Civil Servants Act, 1974---Appointment to a post in the service of Province through deputation--­Validity---Rule making authority in making a provision for appointment to a post in the service of Province through deputation had acted within the ambit of S.23, Punjab Civil Servants Act, 1974, read with S. 4 & Preamble of the Act VIII of 1974---Rule 15(1), Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, providing for the appointment on deputation was intra vires of the Act VIII of 1974--- Rule 15(1), Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, is neither beyond the scope of Punjab Civil Servants Act, 1974, nor ultra vires the provisions of section 23 thereof which confers power on the Governor to make Rules to carry out the purposes of the Act. In the present case validity of Rule 15(1) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 was assailed mainly on the ground that it was inconsistent with the main statute in so far as it had provided for appointment on deputation whereas no such provision exists in the Act. Although no express provision exists in the statute for appointment on deputation but the presence of deputationists in the Provincial services is implicit in the definition of `civil servant'. Definition of `civil servant' quite clearly shows that it was within the contemplation of the Legislature that there would be persons on deputation in the Province and hence the need to exclude them from the category of `civil servants'. Viewed in this light, Rule 15(1) making a provision for appointment on deputation is perfectly in accord with the letter and spirit of the statute. Not only this, section 4 of the Civil Servants Act also provides in clear terms that the appointments to a civil service of the Province or to a civil post in connection with the affairs of the Province would…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492