Case Details

Citation(s)
1995 SLG 1521 1995 SLD 1521 1995 PLC 938
Service Tribunal, Punjab
Appeal No. 1232 of 1993, decided on 23rd May, 1995.
AKHTAR HASSAN, CHAIRMAN, S.H.S., JAFRI AND MUHAMMAD ASLAM, MEMBERS

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ASAD ULLAH MUNIR TARRAR

VS

CHIEF ENGINEER, IRRIGATION DEVELOPMENT ZONE, LAHORE and another

Law:

Section:

Punjab Civil Servants Act (VIII of 1974)--- ----S. 10---Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, R. 22(2)---Adhoc appointment ---Termination of---Civil servant was appointed on Adhoc basis for a period of one year o r till appointment of properly selected incumbent---Appointment of civil servant was extended from time to time, till it was abruptly terminated without any notice, despite number of posts existed in the Department and many juniors w) civil servant were regularized on those posts ---Ci%21 servant would have a right to be adjusted against any existing post till all were filled on regular basis by properly selected incumbents---Principle of last come first go, would be applicable and a month's notice and salary would also be paid to civil servant before his termination from service. M.Y. Bhatti for Appellant. Manzoor Hussain Bhatti, DA. for Respondents. Date of hearing: 19th April, 1995. JUDGMENT AKHTAR HASSAN (CHAIRMAN).---The appellant Mr. Asad Ullah Munir Tarar Sub-Engineer (Mechanical) Mugha1pura Irrigation Division, Lahore was appointed as such vide the order dated 11-3-1990,(Annexure A) on Adhoc basis, for a period of one year, or till appointment of a recommendee of the D.S.C. whichever was earlier. The appointment was extended from time to time till 18-8-1993 when it was abruptly terminated by an order (Annexure E) of even date. He preferred a departmental representation against it but the same was rejected by the order dated 11-12-1993 (Annexure G) a0d hence the instant appeal. 2. It was asserted that quite a few other appeals, brought against termination of similar Adhoc appointments, were not only admitted by this Tribunal to regular hearing, but also operation of the orders was suspended mainly on the ground that under section 10 of the, Punjab Civil Servants Act, 1974, such an appointee would have a right to continue till a regularly selected incumbent was appointed to replace him. It was added that rule 22(2) of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 was wrongly involved to terminate the appellant's service inasmuch as it was repugnant to section 10 ibid and…
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