| Citation(s) |
|---|
| 1998 SLG 627 1998 SLD 627 1998 SCMR 1061 |
Supreme Court of Pakistan
Civil Appeal No.386 of 1994, decision dated: 24-03-1998
AJMAL MIAN, C.J., SH. RIAZ AHMAD AND CH. MUHAMMAD ARIF, JJ
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Civil Appeal No.386 of 1994, decision dated: 24-03-1998
AJMAL MIAN, C.J., SH. RIAZ AHMAD AND CH. MUHAMMAD ARIF, JJ
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Dr. IKRAMULHAQUE TARIQ
VS
GOVERNMENT OF PAKISTAN, MINISTRY OF DEFENCE, ISLAMABAD and 3 others
Law:
Section:
(a) Constitution of Pakistan (1973)--Art. 212(3)---Petitioner was appointed as Civil Medical Practitioner in Pakistan Air Force on temporary basis for indefinite period, terminable by one month's notice from either side---Petitioner executed a service agreement and, later on, sought clarification as to his appointment and confirmation of service from the Authorities---Authorities had not considered the case of regularisation of his service in the letter of clarification but made him as ad hoc appointee--Validity---Leave to appeal to Supreme Court was granted to consider whether the Air Force Authorities could convert the appointment of petitioner on ad hoc basis unilaterally by their letter and then refuse to consider him for confirmation. (b) Civil service--- ---- Regularisation of service---Petitioner was appointed as Civil Medical Practitioner in Pakistan Air Force on temporary basis for indefinite period, terminable by one month's notice from either side---Petitioner executed a service agreement and later on sought clarification as to his appointment and confirmation of service from the Authorities---Authorities had not considered the case of regularisation of his service in the letter of clarification but made him as ad hoc appointee---Validity---Held, it was up to the Competent Authorities to take the decision of regularisation of appointee's service keeping in view all the facts and circumstances which course of action was just and proper--Authorities, however, were directed by Supreme Court to consider the employee's case for regularization in terms of existing policy on the subject. Muhammad Akram Khawaja, Advocate Supreme Court with Ejaz Ahmad Khan, Advocate-on-Record for Appellant. Tariq Mahmood, Deputy Attorney-General for the State. Ejaz M. Khan, Advocate-on-Record for Respondents Nos.2, 3 and 4. Date of hearing: 24th March, 1998. JUDGMENT AJMAL MIAN, C.J.---This is an appeal with the leave of this Court against the judgment dated 27-9-1993 passed by the learned Service Tribunal in Appeal No. 151(L) of 1993, filed by the appellant seeking regularization n the service of respondents. 2. The brief facts are that the appellant was appointed as…
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