1998 PLP (C (PLC(CS))

4. On the other hand, learned Additional A.-G. argued that the petitioner was not posted on contract basis or on permanent basis but it was merely a transfer, therefore, his case would not be covered under section 4(2) of Ordinance. 1962. It is added that tenure of deputation had clearly been mentioned in clause (9) of the terms and conditions of deputation. While Mr. Farrukh Amin, Advocate for the petitioner in the connected writ petition argued that the petitioner was only appointed on ad hoc basis and that was covered by Regulation 23 of the Punjab Text Board Employees Service Regulations (hereinafter to be referred as Regulations of 1981). It is added that the cases of Prof. M.A. Saeed and G.M. Malik (supra) are clearly distinguishable while case of Prof. Alauddin Akhtar and Ch. Muhammad Bukhsh (supra) are not relevant.

5. I have given my anxious consideration to the arguments, advanced on behalf of the learned counsel for the parties and gone through the record, relevant provisions of Ordinance 1962, Regulation of 1981 and the precedent cases. The first question for determination in my view is whether the Chairman can be posted for a shorter period than three years? The relevant portion of section 4 of Ordinance 1962 reads as under:-- "

4. CONSTITUTION OF THE BOARD. (2) The Chairman and the whole-time Directors shall (a) hold office for a term of three years unless sooner removed by Government, in case of a Government servant on deputation, recalled from deputation or in case resignation is tendered and accepted; Provided that in the case of Chairman or a Director of the West Pakistan Textbook Board appointed to the Punjab Textbook Board, the initial term of appointment shall not extend beyond the un-expired portion of the term of appointment to the former Board; (b) be eligible for re-appointment for such further period or periods as Government may, from time to time, specify; (c) receive such salary and allowances as Government may determine; and (d) perform such duties and functions as are assigned by this Ordinance or by the Regulations and Rules made thereunder"

6. It is clear from section 4(2), reproduced above that the Government servant on deputation can be recalled earlier or he may resign before the expiry of tenure of 3 years. Now I would refer cause 9 of the terms and conditions of deputation of the petitioner as notify on 13 1 1997. The same reads as under:-- "

9. TENURE OF DEPUTATION. The officer shall work in the Board with effect from 11-11-1996 on deputation basis up to 17-4-1997 (A.N.) i.e. the date of his retirement however, Government reserves the right to repatriate the officer at any time before the completion of the said tenure without further notice"

7. This would amount to recall the petitioner from post of Chairman. This is not all. The petitioner was transferred on deputation. He proceeded to accept the terms and conditions; therefore, he is bound by the same. It is relevant to mention here that he challenged the terms and conditions also but after having accepted the same and availing the benefits as the writ petition was filed on 8-4-1997.

8. This was not appointment under section 4 of Ordinance 1962 as there was no mention o is provision -m the Notification of his transfer dated 10-11-1996. It is pertinent to mention here that his predecessor was posted in the Board on 8-5-1994 and was transferred before completion three years. In this way the Government and predecessor of the petitioner also did not treat it a posting for three years. The case of G.M. Malik (supra) is clearly distinguishable as he was appointed for a period of three years and it was held that Government was not to alter or modify or reduce, the term of his tenure. In the circumstances it was held that retirement from the Government service would ipso facto lead to his retirement from the service of Board. While in the case of Prof. M.A. Saeed (supra) it was held that holder of tenure post does not retire on attaining the age of superannuation but in that case again the appointment was made under section 14 of the Board of Intermediate and Secondary Education Act, 19'16 as in the case of G.M. Malik (supra) therefore, the appointment was treated for three years. While in the case of petitioner no reference, to section 4 of the ordinance1962 has been made but on the other hand his tenure has been specified. The same was permissible under the Regulation

23. Moreover, it was not an appointment but simply a transfer as Government servant, therefore, the petitioner could not hold the post of Chairman, Textbook Board after retiring from Government Service on 17-4-1997 (A.N.).

9. The upshot of above discussion is that this petition is dismissed with costs. A.A./A-222/L Petition dismissed.