Case Details

Citation(s)
2007 SLG 1784 2007 SLD 1784 2007 PLC 56
Supreme Court of Pakistan
C.P.L.As. Nos.1383-L to 1394-L of 2002, decision dated: 10-03-2003. (On appeal from the order, dated 25-2-2002 passed by the Punjab Service Tribunal, Lahore in Appeals Nos.1487, 1488, 1489, 1490, 1491, 1492, 1493, 1494, 1495, 1496, 1497 and 1498 of 2001).
TANVIR AHMED KHAN, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ

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MUHAMMAD ISHTIAQ and others

VS

PUNJAB SERVICE TRIBUNAL, LAHORE and others MUHAMMAD ISHTIAQ and others vs PUNJAB SERVICE TRIBUNAL, LAHORE and others

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)------S. 4---Constitution of Pakistan (1973), Art.212(3)---Termination of service---Appointment against leave vacancies---Adjustment against regular vacancies---Petitioners were appointed against leave vacancies and order of their termination passed by the authorities was maintained by Service Tribunal---Validity---Service Tribunal had rightly found that the services of petitioners were liable to be terminated as soon as the officials who proceeded on leave reported back to duty but the petitioners were adjusted against regular vacancies---Service Tribunal had further rightly found that the posts were never advertised and neither sufficient number of applications were received nor interviews of the petitioners were taken by Recruitment Committee furthermore no merit list was prepared---Service Tribunal was also right in holding that the petitioners were adjusted against regular vacancies without observing procedure for recruitment and without merit and such adjustment orders being ab initio void could not be sustained---Supreme Court declined to take any exception to the passed by Service Tribunal---Petitioners failed to-disclose any question of law of public importance---Leave to appeal was refused. Rafique Ahmad Bajwa, Advocate Supreme Court with Tanvir Ahmad, Advocate-on-Record for Petitioners. M. Saleem Shad, Advocate Supreme Court for Respondents. ORDER KHALIL-UR-REHMAN RAMDAY, J.---This order shall dispose of C.P.L.As. Nos.1383, 1384, 1385, 1386, 1387, 1388, 1389, 1390, 1391, 1392, 1393 and 1394-L of 2002 which are directed against the same consolidated judgment of the Punjab Service Tribunal, dated 25-2-2002 through which 12 appeals filed by the petitioners before us, had been dismissed. 2. The petitioners in all these petitions were appointed to different posts in the Directorate of Agriculture (Crop Reporting Service), Punjab, Lahore, against leave vacancies. They continued to retain the said posts in…
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