Case Details

Citation(s)
2003 SLG 3465 2003 SLD 3465 2003 PLD 420
Supreme Court of Pakistan
Civil Appeal No. 994 of 1996, decided on 22nd January, 2003.
RANA BHAGWANDAS AND SYED DEEDAR HUSSAIN SHAH, JJ
Muhammad Sarwar Rana, Advocate Supreme Court for Appellant. Hafiz S.A. Rehman, Deputy Attorney General and Muhammad Aslam Chattha, Advocate-on-Record for
Respondents.

Mrs. NAILA KHALID

VS

PAKISTAN through Secretary Defence and others

Law:

Section:

(a) Civil service--- ---- Ad hoc employee---Removal from service---Reinstatement---Scope---No concept of reinstatement of an ad hoc employee, whose services had been dispensed with in accordance with terms and conditions of offer of appointment. (b) Civil Servants Act (LXXI of 1973)--- ----S. 11---Ad hoc appointment---Such appointment did not confer on appointee any right or interest to continuous appointment, seniority or promotion---Services of ad hoc appointee could be dispensed with at any moment without assigning any reason---Only safeguards provided in S.11(3) of the Civil Servants Act, 1973 was that services of such appointee would be liable to termination on fourteen days notice or pay in lieu thereof. Dr. Muhammad Younis v. Province of Sindh 1989 PLC (C.S.) 8 and Federation of Pakistan v. Rais Khan 1993 SCMR 609 ref. JUDGMENT RANA BHAGWANDAS, J.--This appeal with the leave of this Court is directed against the Federal Service Tribunal (hereinafter referred to as the Tribunal) judgment dated 16-11-1994 dismissing appellant's appeal against the departmental order dated 3-5-1992 relieving her of her duties as ad hoc lecturer in Chemistry upon nomination of a candidate by the Federal Public Service Commission. 2. Appellant was appointed as lecturer in Chemistry (B-17) in the Federal Government Degree College, Lahore Cantt. vide offer of appointment dated 24-12-1988 on ad hoc basis for six months or till the availability of F.P.S.C. nominee. One her request, she was transferred to Government College, Sialkot to serve as lecturer against the vacancy of a male lecturer as her husband was working in the said College. She continued serving as such till she was relieved of her duties on the selection of a candidate by F.P.S.C. Being aggrieved, she submitted a belated departmental appeal to the Defence Secretary on 10-12-1992, which was followed by various representations and reminders. She was informed vide letter dated 30-3-1994 that her case was taken up with the Establishment Division but the said Division did not accede to her request. Copy of the aforesaid decision, according to her, was supplied to her upon her reminder vide U.O. dated 20-9-1994, where…
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