NAZIM HUSSAIN vs GOVERNMENT OF PUNJAB AND Other
The petitioner, a former Chief Officer of the Municipal Committee, Jhang, challenged the termination of his services, which occurred after his two-year probationary period. The petitioner alleged that his termination was motivated by political considerations, citing minutes from a Provincial Local Government Board meeting. The core legal question was whether the termination of the petitioner's probationary service, conducted under the West Pakistan Local Councils and Municipal Committees Service Rules, 1963, was legally valid, specifically regarding the presumption of probation extension and the alleged political motivation. The Supreme Court dismissed the petition, holding that the termination was lawful. The Court found no evidence that political considerations influenced the Board's decision, noting that other similarly situated appointees were retained. Furthermore, the Court clarified that under the applicable rules, where an initial probation period is not explicitly extended, it is deemed extended for one year. The judgment affirms that a probationer's services may be terminated in accordance with the prescribed rules, provided the procedure is followed, and rejects claims of mala fide based on unsubstantiated allegations of political bias.
- Does the failure to explicitly extend a probationary period result in a deemed extension of probation under the West Pakistan Local Councils and Municipal Committees Service Rules, 1963?
- Can a termination of service during probation be challenged on the basis of alleged political motivation without supporting evidence?
- Is the termination of a probationer valid if conducted in accordance with the terms of appointment and relevant service rules?
- Rule 13(2), West Pakistan Local Councils and Municipal Committees Service Rules, 1963
- Rule 13.3(c), West Pakistan Local Councils and Municipal Committees Service Rules, 1963
ORDER
MUSHTAQ HUSSAIN, J.--The petitioner was appointed as Chief Officer of the Municipal Committee, Jhang, on probation on 17th September, 1976. He continued in service till 17th September, 1978 when his services were dispensed with under rule 13(2) of the West Pakistan Local Councils and Municipal Committees Service Rules, 1963. He was paid one month salary in lieu of one month's notice in accordance with the terms of his appointment. The petitioner felt aggrieved and filed an appeal against the order which vas dismissed by the Punjab Service Tribunal, Lahore, by its order dated 5th September, 1979. Hence this petition for special leave to appeal.
2. Learned counsel has submitted that the service of the petitioner was terminated on political grounds as is clear from the minutes of the meeting of the Provincial Local Government Board held on 19th August, 1978 reproduced at page 21 of the paper book.
We have gone through it and find that although the subject under Item No. 1 was "determination of the cases of persons appointed on political considerations", the record of the minutes does not show that any such consideration prevailed with the Board, inter alia, because Messrs Meraj, Muh4cilt4ad Yasin, Javed Akbar and Abdul Malik who fell in the same category but secured high positions in the merit list and were appointed in Grade 16.
5. The fact remains that the petitioner was appointed on probation for two years and that he was continuing in service on the expiry of this period, as rule 13.3(c) raises a presumption that where the initial period of probation is not extended by a positive action it would be deemed to have been extended for a year. This is clear from Explanation V. It is not denied that the service of the petitioner during the period of probation could be terminated in the manner in which it has been terminated.1 This petition has, therefore, no merit and is dismissed.