Law:

Section:

(a) University of Peshawar (Recruitment, Divc1pline, Punishment and Appeal) Service Rules------ ----r. 5--Interpretation-Retention of person in service after expiry of probationary period-Does not result in automatic confirmation (obiter). (b) Peshawar University Act, 1950-------- -----S. 45-Provision requiring every salaried officer and teacher to be appointed by written contract-Appointment, in absence of written contract, ineffective--Person cannot claim and clamour for confirmation if his very appointment, without written contract. Manzur Qadir, Senior Advocate Supreme Court instructed ah by M. A. Rahman, Advocate-on-Record for Appellants. Respondent in person. Dates of hearing : 18th and 19th December 1968 and .23rd April 1970. JUDGMENT SAJJAD AHMAD, J.-This appeal, by special leave, has been brought by the University of Peshawar in the following circumstances:- On the 12th of February 1956, the respondent Mr. Bashir Ahmad was appointed by the University as a Reader in Law on probation for a period of one year, which expired on the 11th of February 1957, but was extended to the 31st of August 1957, by a decision taken by the Syndicate on the 28th of February 1957. After the expiry of the extended probationary period, the matter remained hanging until the 11th of October 1958, when the Syndicate took a decision to appoint the respondent as a Reader in the Department of Law on a contract basis for two years with effect from the 12th of October 1958. This decision was communicated to the respondent on the 28th of October 1958. The respondent protested that his employment on Am contract basis instead of his confirmation on the expiry of the probationary period which, under the relevant rules, could not last for more than two years in the maximum, was illegal and unfair. On the 3rd of May 1958, the Syndicate re-affirmed its decision of the 12th of October 1958, but proposed to re-examine the matter on the expiry of the contractual period. The respon­dent was at no time asked to execute any contract nor did he give assent to the new proposal. Curiously, the Syndicate thereafter, on the 5th of November 1960, unilaterally renewed the respon­dent's contract by…

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