2002 PLP 1296 (SCMR)
MUHAMMAD FAROOQ‑‑‑Petitioner Versus GOVERNMENT OF PUNAJB and another‑‑‑Respondents
| Citation | 2002 PLP 1296 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Hameed Dogar and Faqir Muhammad Khokhar, JJ |
| Parties | MUHAMMAD FAROOQ‑‑‑Petitioner Versus GOVERNMENT OF PUNAJB and another‑‑‑Respondents |
Q1: What are the key laws and sections cited in 2002 PLP 1296 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1296 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Hameed Dogar and Faqir Muhammad Khokhar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1296 (SCMR) (MUHAMMAD FAROOQ‑‑‑Petitioner Versus GOVERNMENT OF PUNAJB and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Abdul Wahid Chaudhry, Advocate Supreme Court for Petitioner.
- Nemo for Respondents
- Date of hearing: 18th April, 2002.
- 3. It has been contended by Mr. Abdul Wahid Chaudhry, learned Advocate Supreme Court for the petitioner that the petitioner though appointed on ad hoc basis yet continued in service and has thus completed about 13 years without any break. According to him, the petitioner had been discriminated with others who though in the same category were regularized. In support of his contention, he referred to the leave granting order passed in Muhammad Abbas v. Executive Engineer and others (C.P: No.570‑L of 1998 on 12‑8‑1999) wherein the petitioner a Patwari appointed on ad hoc basis was granted leave to appeal by this Court.
Headnotes / Summary
(On appeal from the judgment dated 11‑3‑2001 of the Punjab Service Tribunal, Lahore passed in Service Appeal No. 1067 of 1993). Punjab Service Tribunals Act (IX of 1974) ‑‑‑‑S. 4‑‑‑Constitution of Pakistan (1973), Art.212(3)‑‑‑Ad hoc appointment‑‑‑Termination of service‑‑‑Discrimination‑‑‑Although civil servant was appointed on ad hoc basis yet he continued in service and had completed about 13 years without any break‑‑‑Civil servant was terminated from service and his departmental appeal as well as appeal before the Service Tribunal were futile‑‑‑Contention of the civil servant was that he had been discriminated against others who though in the same category were regularized‑‑‑Leave to appeal was granted by Supreme Court to consider such contention of the civil servant. Muhammad Abbas v. Executive Engineer and others C.P. No.570‑L of 1998 fol.
Judgment & Decree
ABDUL HAMEED DOGAR, J.‑‑‑The petitioner seeks leave to appeal against the judgment dated 11‑3‑2002 of the Punjab Service Tribunal, Lahore, passed in Service Appeal No. 1067 of 1993 whereby the same was dismissed.
2. The background of the filing of the instant petition is that the petitioner was appointed as Inker on ad hoc basis on 15‑2‑1990 by respondent No.2 for a period of one year with a clear stipulation that service could be terminated at any time without notice and assigning of any reason. His service was being extended on the directive of the Chief Minister and till arrival of a suitable incumbent. However, it was on 21‑9‑1993 his ad hoc appointment was terminated. His departmental appeal to respondent No. l was also rejected on 31st October, 1993. Thereafter, he challenged the said order in appeal before the Punjab Service Tribunal,' Lahore, wherein he succeeded in getting stay and continued to be in service till the impugned judgment dated 5‑3‑2002 was passed.
3. It has been contended by Mr. Abdul Wahid Chaudhry, learned Advocate Supreme Court for the petitioner that the petitioner though appointed on ad hoc basis yet continued in service and has thus completed about 13 years without any break. According to him, the petitioner had been discriminated with others who though in the same category were regularized. In support of his contention, he referred to the leave granting order passed in Muhammad Abbas v. Executive Engineer and others (C.P: No.570‑L of 1998 on 12‑8‑1999) wherein the petitioner a Patwari appointed on ad hoc basis was granted leave to appeal by this Court.
4. Accordingly, leave to appeal is also granted in‑this case to consider, inter alia, the above contentions. Q.M.H./M.A.K./M‑401/S Leave granted.