Law:

Section:

(a) Punjab Civil Servants Act (VIB of 1974) Ss. 2(1)(a), 5(1) & 10(1)(ii)Constitution of Pakistan (1973), Art. 212(3)Ad hoc appointments in different departments of Provincial GovernmentSuch appointments, on expiry of initial periods, mostly of six months, were continued and period of their ad hoc appointments were extended from time to time till their termination from services by the various orders issued by their respective departmentsService Tribunal, on appeal, found that the employees were entitled to hold and continue their positions as they were holding at the time of order of termination till such time the regular selectees were made available through prescribed method and in accordance with law by the respective departmentsValidity Contention of the Provincial Government was that Service Tribunal had failed to appreciate that the Chief Minister of the Province had made these appointments to achieve political motives and the departments had to implement the order of the Chief Minister owing to undue political pressure, although the order was passed by the Chief Minister without observing prescribed procedure; that the Service Tribunal also failed to appreciate that the Government was under no legal obligation to extend the period of service of an ad hoc appointee, who was liable to be terminated if the Government had not granted extension in service under the relevant Rules; that the Government was within its right to terminate the services of such ad hoc employees under S.10(3) of the Punjab Civil Servants Act, 1974 and that the availability of regular selectees was not a condition precedent for termination of ad hoc employees under S.10(3) of the Act which was a selfcontained code notwithstanding the provisions of S.10(1) & (2) of the ActLeave to appeal was granted by the Supreme Court holding that the case involved substantial question of law of public importance as raised by the Provincial Government. Federation of Pakistan v. Rais Khan 1993 SCMR 609; Abdul Maid Sheikh v. Mushafee Ahmed PLD 1965 SC 208; Jaffar Ali Yousafzai v Islamic Republic of Pakistan PLD 1970 Quetta 115; WAPDA v. Muhammad Hussain Gul 1993 SCMR 2337; Secretary Education,…

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