| Citation(s) |
|---|
| 1995 SLG 1470 1995 SLD 1470 1995 PLC 765 |
Service Tribunal, Punjab
Appeal No. 448 of 1994, decided on 14th March, 1995.
AKHTAR HASSAN CHAIRMAN AND MUHAMMAD ASLAM, MEMBER
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Appeal No. 448 of 1994, decided on 14th March, 1995.
AKHTAR HASSAN CHAIRMAN AND MUHAMMAD ASLAM, MEMBER
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Syed SAJID HUSSAIN ZAIDI
VS
THE SECRETARY, GOVERNMENT OF THE PUNJAB, AGRICULTURE DEPARTMENT, LAHORE
Law:
Section:
Punjab Civil Servants Act (VIII of 1974)--- ----Ss. 2 & 10---Adhoc appointment---Termination---Services of civil servants who were appointed on adhoc basis were terminated after three years from such appointment without giving any reason and without paying in lieu thereof despite no regular selected incumbents were appointed on posts held by civil servants---In cases of acute necessity qualified candidates could be recruited and such appointment would be subject to condition that it would remain in effect till the time a regularly selected incumbent was taken for appointment against such posts---No such regular incumbent having been taken in prescribed manner, until that contingency took place civil servants had right to continue in service---Service Tribunal accepted appeal filed in time by civil servants, set aside order of termination and ordered their reinstatement. 1991 SCMR 2330 and 1993 SCMR 1287 ref. Alhaj Muhammad Iqbal Ch. for Appellant. Ch. Manzoor Hussain, District Attorney for Respondent. Date of hearing: 14th March, 1995. JUDGMENT AKHTAR HASSAN (CHAIRMAN).---The appellant Syed Sajid Hussain Zaidi was Assistant Research Officer, Ayub Agriculture Research Institute, Faisalabad. His appointment was made on adhoc basis vide order dated 3-10-1990 (Annex `A'). It was terminated by the order dated 29-11-1993 (Annex. `F) issued by the Secretary Agriculture. Apparently it clarified that the adhoc appointments of the appellant and his colleagues numbering 40, were terminated in terms of the Chief Minister's order of even number dated 20-91993. Aggrieved by it, he preferred a departmental representation on 6-121993 to the Governor and finding that it was not being disposed of within 90 days, he brought the instant appeal on 3-4-1994. 2. The main reason advanced to assail the impugned order was that it was repugnant to section 2 and section 10 of the Punjab Civil Servant Act, 1974 inasmuch as it could have been terminated only on appointment of a regularly selected incumbent against the post held by him and that since no such appointment was at all made, he would continue to avail it. He added lastly, that neither any notice, nor pay in lieu thereof as…
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