Law:

Section:

Civil service Termination of serviceAppointment of employee was made against a vacancy which became available due to discharge of another employeeLater on that other employee was reinstated from date of his discharge and on his reinstatement, services of employee were dispensed with because no post was available for retaining him into serviceAppointment of employee, otherwise was on probation for two years which could be terminated by Appointing Authority without assigning any reasonServices of employee were competently terminated by Authority prior to completion of two years on reinstatement of original holder of that post. JUDGMENT RAJA BASHIR AHMAD KHAN (CHAIRMAN): This appeal arises out of order dated 2281992 passed by District Health Officer, Poonch whereby the service of appellant was terminated. 2. Briefly stated the facts are that appellant was appointed as Watchman in Civil Dispensary dated 8101990. Appellant in persuance of above order joined his service on 15101910. The service of appellant was terminated by -Respondent No. 2 on 2281992. The, appeal against the Order No. 3503/2/DHO/92, dated 8101992 was dismissed by Director, Health Services on 711993. 3. The -Respondents have controverted the facts of appeal through their written objections. Appellant has filed the replication wherein he has reiterated the facts contained in memorandum of appeal. 4. We have heard the counsel for the parties and have also gone through the record. 5. The counsel of appellant has submitted that the appointment of appellant was confirmed by the provisions of section 3 of Civil Servants (Regularisation of Ad hoc Appointment) Act, 1992 and the termination of service of appellant is against the provisions of the said Act. The orders, therefore; are liable to be vacated. 6. The appellant was appointed against the vacant post of Watchman and the appointment was on probation for the period of two years and was liable to be terminated without any notice if the conduct of the appointee was not good. The provision of said Act could only cover the case of a civil servant who was appointed on ad hoc basis. The appointment of appellant was permanent and against the vacant post…

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