Case Details

Citation(s)
2001 SLG 1617 2001 SLD 1617 2001 SCMR 1971
Supreme Court of Pakistan
Civil Appeal No.968 of 1997, decision dated: 12-04-2001. (On appeal from judgment dated 3-9-1996 passed by Punjab Service Tribunal, Lahore in Appeal No. 614 of 1994)
IFTIKHAR MUHAMMAD CHAUDHRY AND HAMID ALI MIRZA, JJ
Tariq Mehmood Khokhar, Additional Advocate General and Rao Muhammad Yusuf Khan, Advocate-on-Record (absent) for Appellants. Ch. Muhammad Anwar Khan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for
Respondent

CHIEF SECRETARY, GOVERNMENT OF THE PUNJAB, LAHORE and another

VS

ABDUL MAJEED

Law:

Section:

Punjab Civil Servants Act (VIH of 1974)­ S. 10Constitution of Pakistan (1973), Art. 212 (3)---Ad hoc appointment---Termination Reinstatement in serviceCivil servant was ad hoc appointee and his service was terminated but he was reinstated by Service TribunalValidity Contention of the Authorities was that the civil servant had no vested right to continue in service as an ad hoc appointee, inasmuch as, the procedure prescribed for recruitment of such appointments under the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, was not observed and that, in view of the observations made by Supreme Court, in the case of Munawar Khan v. Niaz Muhammad reported as 1993 SCMR 1287, the Service Tribunal was wrong in reinstating the civil servant in service and that in any case, termination of ad hoc appointment of the civil servant was not violative of the provisions contained in S. 10 of the Punjab Civil Servants Act, 1974Leave to appeal was ranted by Supreme Court to consider the contentions raised by the Authorities. Munawar Khan v. Niaz Muhammad 1993 SCMR 1287 ref. (b) Punjab Civil Servants Act (VIII of 1974)­ S.10Ad hoc appointeeTermination of service appointee can be terminated under the provisions of S. 10(3) of Punjab Civil Servants Act, 1974, even before the appointment of a person on regular basis against the recommendations of the Selection Authority, however, subject to notice of 30 days or pay in lieu thereof Such appointee enjoys no vested rights in the service till the time selection on regular basis on the host against which he is working is made by the Selection Authority, because ad hoc appointee at the time of induction in service accepts the condition that his service can be terminated at any moment even before the expiry of the period for which an appointment has been made. (c) Punjab Civil Servants Act (VIII of 1974) S.10Ad hoc appointmentTermination of service prior to regular appointment of a person on such postSeeking of back benefits after appointment on regular basisCivil servant had accepted the condition that on expiry of period of one year his service was liable to be terminated automatically and the same was implemented…
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