| Case ID |
3801d5b6-7170-4d6d-8570-19d87c14fb3f |
| Body |
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| Case Number |
Civil Appeal No.968 of 1997 |
| Decision Date |
Apr 12, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled in favor of the appellants, allowing the appeal and setting aside the judgment of the Punjab Service Tribunal that had reinstated the civil servant Abdul Majeed. The Court found that the civil servant, who was an ad hoc appointee, had no vested right to continue in service as the procedures for recruitment were not followed as outlined in the Punjab Civil Servants Act. The decision emphasized that ad hoc appointments could be terminated without notice, especially when the conditions of appointment were clearly stated and accepted by the employee. The Court held that the Service Tribunal erred in its judgment, leading to the restoration of the original termination order. |
| Summary |
In the case of Civil Appeal No.968 of 1997, the Supreme Court of Pakistan addressed the issue of ad hoc appointments under the Punjab Civil Servants Act. The case revolved around the termination of Abdul Majeed's service, who was appointed as an Agriculture Officer on an ad hoc basis. The Punjab Service Tribunal had previously ruled in favor of reinstating him, but the Supreme Court overturned this decision. The ruling clarified that ad hoc appointees do not have vested rights to permanent positions and can be terminated at any time, as long as the terms of their appointments were transparent and accepted. This case highlights the importance of adhering to recruitment procedures and the legal standing of ad hoc appointments in civil service law. The interpretation of Section 10 of the Punjab Civil Servants Act was pivotal in establishing the Court's decision, reinforcing that ad hoc appointments are inherently precarious and subject to termination without notice. This case serves as a key reference point for future disputes regarding ad hoc appointments and civil servant rights in Pakistan, particularly in the context of administrative law and public service regulations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of the Punjab,
Punjab Service Tribunal
|
| Judges |
Iftikhar Muhammad Chaudhry,
Hamid Ali Mirza
|
| Lawyers |
Tariq Mehmood Khokhar, Additional Advocate General,
Rao Muhammad Yusuf Khan, Advocate-on-Record (absent),
Ch. Muhammad Anwar Khan, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent)
|
| Petitioners |
another,
Chief Secretary, Government of the Punjab, Lahore
|
| Respondents |
Abdul Majeed
|
| Citations |
2001 SLD 1617,
2001 SCMR 1971
|
| Other Citations |
Munawar Khan v. Niaz Muhammad 1993 SCMR 1287,
Muhammad Azam Ali and 35 others v. Government of the Punjab through Chief Secretary and another 1985 SCMR 1408,
Government of the Punjab v. Ghulam Rasool Zahid 1985 SCMR 1614
|
| Laws Involved |
Punjab Civil Servants Act (VIH of 1974),
Constitution of Pakistan (1973)
|
| Sections |
10,
212 (3)
|