| Citation(s) |
|---|
| 2002 SLG 1087 2002 SLD 1087 2002 SCMR 1 |
Supreme Court of Pakistan
Civil Appeals Nos. 1433 to 1516 of 2001, decision dated: 16-10-2001
IRSHAD HASAN KHAN, C.J. CH. MUHAMMAD ARIF AND QAZI MUHAMMAD FAROOQ, JJ
Tariq Mahmood Khokhar, Additional Advocate-General, Punjab alongwith Fauzi Zafar, Assistant Advocate-General, Punjab and Rao M. Yusuf Khan, Advocate-on-Record for Appellants (in ail Civil Appeals). Hafiz S. A. Rehman, Senior Advocate Supreme Court and M.
Civil Appeals Nos. 1433 to 1516 of 2001, decision dated: 16-10-2001
IRSHAD HASAN KHAN, C.J. CH. MUHAMMAD ARIF AND QAZI MUHAMMAD FAROOQ, JJ
Tariq Mahmood Khokhar, Additional Advocate-General, Punjab alongwith Fauzi Zafar, Assistant Advocate-General, Punjab and Rao M. Yusuf Khan, Advocate-on-Record for Appellants (in ail Civil Appeals). Hafiz S. A. Rehman, Senior Advocate Supreme Court and M.
PROVINCE OF PUNJAB through Chief Engineer, Irrigation and others
VS
AZHAR ABBAS and others
Law:
Section:
(a) Punjab Civil Servants Act (VIII of 1974)---Ss. 2(1)(a), 5(1) & 10(1), (2)&(3)---Constitution of Pakistan (1973), Art.212(3)---Adhoc appointments in different departments of Provincial Government---Such appointments, on expiry of initial periods, mostly of six months, were continued and period of their ad hoc appointments was extended from time to time till their termination from services by the various orders issued by their respective departments---Service 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 departments---Validity--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 self-contained code notwithstanding the provisions of S.10(1) & (2) of the Act---Held, in order to secure continuity of the official functions and in the public interest, having regard to the peculiar facts and circumstances of the case and without treating the finding of the Supreme Court in the case as precedent, all the ad hoc employees shall continue to perform their functions on the existing terms and conditions for a period of six months from the date ofโฆ
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492