Law:

Section:

West Pakistan Textbook Board Ordinance (XLI of 1962)-------S. 4(2)(a)---Punjab Textbook Board Employees Service Regulations, 1981, Regln. 23---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Civil servant was posted as Chairman, Textbook Board on 10-11-1996---Retirement of civil servant was due on 17-4-1997---Civil servant claimed that post of Chairman, Textbook Board being tenure post, his retirement from Government service would not affect his status as Chairman, Textbook Board---Validity---Civil servant's such plea was repelled on the ground that Government servant on deputation could be recalled earlier or he could resign before expiry of tenure of three years in terms of S.4(2), West Pakistan Textbook Board Ordinance, 1962---Clause 9 of Terms and Conditions of Deputation of civil servant would indicate that Government could repatriate civil servant at any time before completion of tenure without further notice---Civil servant's appointment was not ordered under S.4(2)(a) of the Ordinance for there was no mention of such provision in the notification of his posting through transfer---Civil servant's posting through transfer was permissible under Regln. 23, Punjab Textbook Board Service Regulations, 1981---Civil servant, thus, could not hold post of Chairman, Textbook Board after retiring from Government service on specified date in circumstances. Professor Alauddin Akhtar, Chairman, Punjab Textbook Board v. Government of the Punjab PLD 1979 Lah. 324 = 1982 PLC 515; Ch. Muhammad Bakhsh v. Government of Punjab PLD 1989 Lah. 175; G.M. Malik, Chairman, Board of Intermediate and Secondary Education, Faisalabad v. Province of Punjab 1990 CLC 772 and Prof. M.A. Saeed v. Secretary, Education Department and others 1992 PLC (C.S.) 259 ref. Muhammad Saeed Akhtar for Petitioner. Addl. A.-G. for Respondents. Date of hearing: 12th December, 1997. JUDGMENT The petitioner through this Constitutional petition has prayed that Notification dated 13-1-1997, retiring the petitioner on 17-4-1997 is without lawful authority and of no legal effect. 2. The relevant facts are that the petitioner on 10-11-1996 was posted as Additional Director, Public…

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