Law:

Section:

Punjab Civil Servants Act (VIII of 1974)-------S. 4(2)---Constitution of Pakistan (1973), Art. 212(3)---Termination of service---Service Tribunal re-instated civil servant with back benefits--­Validity---Material placed on record showed that civil servant was appointed on regular basis---Appointment letter did not indicate that civil servant's appointment was subjected to probation clause---Department, was thus, not left with any power to terminate services of civil servant except in accordance with law---Department's contention that appointment of civil servant was purely temporary, and his services were liable to be terminated on one month's notice, was not sustainable in law inasmuch as, rules did not envisage concept of appointment being purely, temporary---Civil servant's appointment being regular appointment within meaning of S. 2(2), Punjab Civil Servants Act, 1974 and having been made in prescribed manner, his services were not liable to summary termination---Judgment of Service Tribunal was, thus, not open to any exception---Leave to appeal was refuse in circumstances. Muhammad Anwar Ghuman, Advocate Supreme Court for Petitioners. Hafiz Tariq Nasim. Advocate Supreme Court for Respondent. Date of hearing: 24th February, 1997. ORDER ZIA MAHMOOD MIRZA, J.---Director of Education (Schools) Lahore Region and District Education Officer (M), Kasur have filed this petition to seek leave to appeal against the judgment of Punjab Service Tribunal dated 23-4-1995 whereby service appeal of respondent Muhammad Abbas was allowed, his termination from services set aside and it was directed that he be re-instated in service with all back benefits admissible under the rules. 2. Facts relevant for the disposal of this petition, briefly stated, are that Muhammad Abbas respondent was appointed as an Elementary School Teacher on 2-2-1993 on his having been selected by the District Education Recruitment Committee, Kasur. His services were, however, terminated vide notice dated 3-7-1993 saying that "You, being a temporary hand, are served with one month notice for termination of your services which shall take immediate effect. After the expiry of notice period your services…

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