Conditions of Service
Conditions of Service legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Plea raised by the authorities was that after the process of recruitment was completed, it was decided in a meeting of Provincial Cabinet to make all fresh recruitments on contract basis
Validity
All posts fell within the purview of Public Service Commission and hence as per R.10 of North-West Frontier Province Civil Servants (Appointment, Promotion and Transfer) Rules, 1989, such initial appointments were to be made on the basis of examination or test to be conducted by the Commission
If the appointments were intended to be otherwise than on `regular basis', the manner of recruitment could differently be determined by the Government under R.10(b) of North-West Frontier Province Civil Servants (Appointment, Promotion and Transfer) Rules, 1989
Process of recruitment was completed in the year 1999/2000 but subsequently on the basis of meeting of Provincial Cabinet held on 1-7-2001, it was decided to make all fresh recruitments on `contract basis' and not on `regular basis'
Such change was not permissible because any policy so made was bound to take effect prospectively and not retrospectively
High Court had rightly allowed the petitions and declared the `contract basis' as void and ineffective
Leave to appeal was refused.
"Conditions of Service", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/38698
Precedents & Case Laws citing "Conditions of Service"
2024 P L C (C
MUHAMMAD ARIF and 4 others Versus GOVERNMENT OF BALOCHISTAN through Chief Secretary and 3 others
Court: Balochistan High Court2023 P L C (C
CH. KHALID YOUSAF, CUSTODIAN OF EVACUEE PROPERTY AZAD JAMMU AND KASHMIR CUSTODIAN BUILDING MUZAFFARABAD Versus AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary New Civil Secretariat Muzaffarabad and 4 others
Court: High Court (AJ&K)2003 P L C (C
ADMINISTRATOR, MUNICIPAL CORPORATION Versus MUHAMMAD ARSHAD and others
Court: Supreme Court of Pakistan2003 P L C (C
AJ&K COUNCIL and 2 others Versus ABDUL RASHID TAHIR and 255 others
Court: Supreme Court (AJ&K)1999 PLC (C
NASIR ABBAS and 2 others Versus ADMINISTRATOR, MUNICIPAL CORPORATION, MULTAN and 2 others
Court: Lahore High Court1996 P L C (C
IQBAL AHMAD KHAN Versus THE COMMISSIONER, D.I. KHAN and others
Court: Peshawar High Court2003 SCMR 813
ADMINISTRATOR, MUNICIPAL CORPORATION — Appellant Versus MUHAMMAD ARSHAD and others — Respondents
Court: Supreme Court of Pakistan2013 P L C (C
Mst. SUMAIRA Versus DISTRICT COORDINATION OFFICER/ CHAIRMAN, DISTRICT RECRUITMENT COMMITTEE, SARGODHA and 2 others
Court: Lahore High Court1992 P L C (C
Dr. MARIAM ASHRAF Versus SECRETARY, PUNJAB PUBLIC SERVICE COMMISSION and others
Court: Lahore High Court1981 S C M R 840
AND ANOTHBR-Petitioner Versus MASOOD AHMAD KHAN.-Respondent
Court: -- S. 4-Terms and conditions of Service--Annual Confidential Reports-Held: Very much a part of terms and conditions of service-Entries in annual confidential reports made and expunged on basis of positive instructions and rules and can be made basis for retiring a person from service--Appeal against remarks in annual confidential reports, hence, competent before Service Tribunal and such Tribunal competent to expunge such remarks. Civil services.