Establishment Manual Vol. I

Delay in writing of Annual Confidential Reports and conveying of adverse remarks whether can vitiate the adverse remarks

Such question is not res integra

Instruction No.2 of the Establishment Manual, VAL which is in pari materia with the Instruction No.2 of Punjab ESTACODE Vol. I, is directory in nature

In view of pre-occupation of District and Sessions Judges and Judges of the High Court with ever increasing of judicial work, delay in initiating Annual Confidential Reports of some of Judicial Officers and conveying adverse remarks to them is immaterial and cannot obliterate the adverse remarks in question.

Delay in writing of Annual Confidential Reports and conveying of adverse remarks whether can vitiate the adverse remarks

Such question is not res integra

Instruction No.2 of the Establishment Manual, Vo1.I, which is in pari materia with the Instruction No.2 of Punjab ESTACODE, Vol. I, is directory in nature

In view of preoccupation of District and Sessions Judges and Judges of the High Court with ever increasing of judicial work, delay in initiating Annual Confidential Reports of some of Judicial Officers and conveying adverse remarks to them is immaterial and cannot obliterate the adverse remarks in question.

Tenant himself having executed a rent note in favour of landlord could not subsequently deny relationship of landlord and tenant

Tenant's plea that rent note was executed on 11-7-1985 while reg1stered sale-deed in landlord's favour was executed on 14-7-1985, would not make any difference because sale deed was prepared and executed on 10-7-1985 but was reg1stered four days later-Rent note by tenant in favour of landlord was thus neither improper nor illegal-Tenant, after executing rent note in landlord's favour, could not successfully deny relationship of landlord and tenant between himself and the acknowledged landlord

Tenant's further plea that landlord having himself asserted that tenant had sent the rent after execution of reg1stered sale-deed, his eviction application should have been dismissed in exercise of discretion, would be of no a

Annual Confidential Report-What to form and time for initiation of confidential report.-[Civil service].

S. 2 (1) (b) (i) and Service Tribunals Act (LXXI of 1973), Ss. 2 (a) & 4 read with Establishment Manual, Vol. I, Chap, IX, p. 389-Deputation

Word not defined

A technical word -Interpretation of statutes-Elementary rule of construction

Words and phrases used in a statute to be interpreted in their ordinary meaning-Such rule however not of universal application and intention of Legislature supreme consideration - Principle of literal construction does not apply in interpreting technical words, phrases and terms which are used in their technical meaning if acquired-Word "technical" broad enough to include statutes relating to service matters-Presumption that words and phrases are used with particular meaning in which used and understood in respective particular profession or business - A word acquiring a technical, meaning which is well-known to be presumed to have been used by Legislature in that sense and with that meaning rather than in ordinary sense-Guidelines issued by Establishment Division regarding terms "deputation" and "deputationist" are in nature of instructions and have force of law-Officer of Provincial Government with permanent status selected and appointed under Federal Government through examination under lateral entry scheme-Such Officer, held, would continue to be a deputationist under Federal Government so long having lien on permanent post under Provincial Government and not confirmed under Federal Government-Retirement of such officer under S. 13 (ii) of Civil Servants Act, 1973 by Federal Government impugned before Federal Service Tribunal-Such officer being a deputationist, held, not a civil servant under Civil Servants Act, 1973 hence could not invoke jurisdiction of Federal Service Tribunal-Tribunal however observing that Federal Government could undo the wrong if so desired by rescinding impugned order and reverting him to the Province leaving it to Governor to pass such order as deemed fit - Deputation - Interpretation of statutes.

Official having option to accept or refuse offer of appointment in other office/Department-Seniority on appointment in other office to run from date of transfer-Deputation period, held, merged in subsequent order of appointment and status of deputation ceased to he relevant for purposes of seniority

Establishment Manual, Vol.I, Chap. IX, S. No. 3, para. 6 (1) (a).