Law:

Section:

Government of India Act, 1935, S. 240 (3)-Constitution of Pakistan (1962), Art. 177-Government servant-Termination of service-Constitutional protection of show-cause notice-Extends to persons in temporary service of-indefinite duration. A person was appointed as Engineer by Railway Board. His original appointment was made "subject to 3 months' notice of discharge in order to enable candidates with war service to be permanently appointed in the service should that course be necessary." During his service of 10 years he gained increments and promotions and was allowed to cross the efficiency bar. He was also considered by the Federal Public Service Commission as suitable for confirmation. In other words he was treated as a permanent employee: In these circumstances it was held that termination of such an employee by notice must be regarded as removal within meaning of section 240, Government of India Act, 1935 and he was entitled to the constitutional guarantee enjoyed by permanent employees. Abdul Majid Sheikh v. Mushajje Ahmad and another Civil Appeal No. 34 of 1964 ; Ghulam Sarwar v. Pakistan P L D 1962 S C 142 and Noor-ul-Hassan v. Federation of Pakistan P L D 1956 S C (Pak.) 331 ref. M. I. Mahmud, Advocate Supreme Court instructed by S. M. Hanif, Attorney for Appellant. JUDGMENT FAZLE-AKBAR, J.-This certificated appeal arises out of a suit filed by the appellant herein for a declaration that the letter No. JDE/SCM/53, dated 19th August 1953, which purported to terminate the appellant's services was illegal, void and inoperative and that notwithstanding the said letter the appellant still continues as Executive Engineer in the Pakistan Western Railways. The facts briefly are as follows; In November 1942, the appellant appeared in the competitive examination held in New Delhi by the Federal Public Service Commission for recruitment of Engineers in the Indian Railway Service. By his letter dated 28th August 1943, the Director Railway Board offered the appellant an appointment as a probationer in the Indian Railway Service of Engineers on the following terms and conditions "New Delhi, dated the 28th August 1943 To M. B. Khalfay, Esq., Kasba Sangameshwar, Distt.…

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