Case Details

Citation(s)
1990 SLG 657 1990 SLD 657 1990 SCMR 533
Supreme Court of Pakistan
Civil Petition No.821 of 1984, decision dated: 4-03-1989.
GHULAM MUJADDID AND SAAD SAOOD, JAN, JJ
Hamid Khan, Advocate Supreme Court with Ejaz Ahmad Khan, Advocate-on-Record for Petitioner. Nemo for
Respondents.

MUHAMMAD SHABBIR

VS

GOVERNMENT OF THE PUNJAB and 18 others

Law:

Section:

Punjab Civil Servants Act (VIII of 1974)------S.11-A---Constitution of Pakistan (1973), Art.212(3)---Removal from service--­Civil servant's appeal before Service Tribunal was accepted on the plea that even though he had been serving the Provincial Government between the dates mentioned in S.11-A, he was to be treated as a fresh appointee with effect from 3-9-1977, and thus he was not one of those persons to whom S-11-A applied--­Civil servant was thus reinstated in service---Civil servant's appeal, before Supreme Court related to his seniority on the assertion that he was a regular appointee under the Government with effect from 29-9-1975, which claim already stood rejected by the Service Tribunal---Civil servant's claim in earlier appeal was that he was a fresh appointee of Government with effect from 3-9-1977 and it was on basis of that assertion that he was able to avoid application of S.11-A to him---Civil servant therefore could not claim that for the purpose of seniority he should be treated as regular appointee from an anterior date---Service Tribunal was justified in rejecting civil servant's appeal---Leave refused. ORDER SAAD SAOOD JAN, J.--By an order dated 2-6-1979 the petitioner was removed from service under Section 11-A of the Punjab Service Act, 1974. This Section read as follows:- "Notwithstanding anything contained in his terms and conditions of service, a civil servant appointed or promoted during the period from the first day of January, 1972 to the fifth day of July, 1977, may be removed from service or reverted to his lower post, without notice, by the Governor of the Punjab or a person authorised by him in this behalf on such date as the Governor of the…
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