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Petitioner: MUHAMMAD FAROOQ VS Respondent: GOVERNMENT OF PUNJAB through Secretary, Agriculture Department
2002 P L C (C
2002 P L C (C.S.) 1193
[Supreme Court of Pakistan]
Present: Abdul Hameed Dogar and Faqir, Muhammad Khokhar, JJ
MUHAMMAD FAROOQ
Versus
GOVERNMENT OF PUNJAB through Secretary, Agriculture Department eand another
Civil Petition No.881‑L of 2002, decided on 18th April, 2002.
(On appeal from the judgment dated 11‑3‑2002 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)‑‑‑Adhoc 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 other's 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.
Abdul Wahid Chaudhry, Advocate Supreme Court for Petitioner.
Nemo for Respondents.
Date of hearing: 18th April, 2002.
ORDER
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.
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 rival of a suitable incumbent. However it was on 21‑9‑1993 his ad hoc arrival appointment was terminated. His departmental appeal to respondent No.1 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 gelling 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 through appointed an 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.IM.A;K./M‑401/S Leave granted.