PLC(CS) 1986

1986 PLP (C (PLC(CS))

MUHAMMAD AKRAM Versus PUNJAB PROVINCE through SECRETARY SERVICES and 4 others

Jurisdiction / Court
Service Tribunal Punjab
Decided Date
Case No. 935 of 1984, decided on 3rd December, 1985.
Honorable Judges
S. Abdul Jabbar Khan, Chairman and
Case Reference Summary (AEO Optimized)
Citation 1986 PLP (C (PLC(CS))
Forum / Court Service Tribunal Punjab
Bench Members S. Abdul Jabbar Khan, Chairman and
Parties MUHAMMAD AKRAM Versus PUNJAB PROVINCE through SECRETARY SERVICES and 4 others
Primary Law Civil service‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1986 PLP (C (PLC(CS))?

This judgment primarily cites: Civil service‑‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1986 PLP (C (PLC(CS))?

The case was heard and decided by the Service Tribunal Punjab bench comprising: S. Abdul Jabbar Khan, Chairman and.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1986 PLP (C (PLC(CS)) (MUHAMMAD AKRAM Versus PUNJAB PROVINCE through SECRETARY SERVICES and 4 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Civil service‑‑

Representation

  • Pir Rafi ud Din Shah for Appellant.
  • Malik Ghulam‑us‑Sayyadain Dy. District Attorney for Respondents.

Headnotes / Summary

‑‑‑ Regular appointment‑‑Person appointed on temporary basis for specific operation/job without keeping in view conditions prescribed for regular appointment, held, has no locus standi for retention on regular basis after completion of specific operation/job.

Judgment & Decree

S. ABDUL JABBAR KHAN (CHAIRMAN).-‑‑Muhammad Akram, ex‑Patwari has filed this appeal a/s 4 of the Punjab Service Tribunals Act, 1974, against the order dated 4‑10‑1984, passed by Commissioner D.G. Khan Division, respondent No.2, confirming the order dated 19‑9‑1984, passed by Assistant Commissioner/ Collector, Kot Adu, respondent No.3, whereby the services of the appellant as a Patwari of Tehsil Kot Adu, District Muzaffar Garh were terminated. 2. By virtue of this appeal he has prayed that the impugned orders be set aside and he be reinstated in service with all back benefits. 3. Brief facts of the case are that Settlement operations were conducted in Kot Adu in 1972, and Settlement work was done within the scheduled period. Some posts were created purely on temporary basis and appointments against the same were made from qualified patwaris who were either retired or otherwise. The conditions prescribed for appointment as regular Patwaris were not kept in view. The condition of domicile and age was also not kept in view because these were not A the vacant posts having effect on the senority of any person. The appointment of the petitioner was also made by the Settlement Officer keeping in view the above conditions. On the winding up the Settlement Patwaris automatically stood terminated, as they were not appointees of revenue department in the relevant cadre. The services of the appellant were terminated alongwith 15 affected Patwaris, who went in appeal before the Commissioner, D.G. Khan Division. The Commissioner, D.G.Khan, accepted their appeal and remanded the case for fresh decision. That while on remand deciding the case afresh the A.C./ Collector Kot Adu retained and reinstated 11 Patwaris vide his order dated 16‑4‑1984, and the appellant was not retained. The appellant and four others preferred appeal before the Commissioner, D.G.Khan, who again remanded the case to A.C. Kot Addu. The learned A.C. Kot Adu rejected the case of the appellant. Their appeal before the Commissioner, stood rejected. Hence this appeal. 4. We have heard the learned counsel for the appellant at length at this stage of preliminary hearing, who has vehemently argued that the appellant was appointed in regular manner against a permanent vacancy and having put in nine years of service under the law he was a confirmed and permanent Patwari to hold the post till superannuation. He has impleaded that if at all some posts were retrenched, some junior persons should have been made to go and not the appellant. 5. We have taken all the arguments so advanced and what we find is that the arguments advanced by the learned counsel for the appellant are absolutely without any basis for the simple reason that the appellant has no locus standi to be retained as Patwari, as he was never appointed on regular basis. He was only employed for Settlement operation and P when the settlement operation was completed, he was automatically to go, because his appointment was specifically for the said operation and nothing else. With regard to the observation of the learned Commissioner that the appellant was physically feeble, this may be considered as extra reason, for his non‑selection afresh, but does not give him any argument to say that he was removed from service because he was feeble, as the appellant's services were for a specific period, therefore, there was no ground to take recourse of departmental inquiry under the Punjab Civil Servants (E&D) Rules, 1975. 6. The result is we do not find any force in this appeal which is dismissed in limine. A. E. Appeal dismissed.