Pakistan Case Law
1982 SCMR 46

GHULAM SARWAR vs PROVINCE OF PUNJAB

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Citation1982 SCMR 46
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 1052 of 1981
Date1981-11-16
Judge(s)Shah Nawaz Khan and Shafi‑ur‑Rehman
Authored byShafi‑Ur‑Rehman
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

The petitioner, a former Chief Officer of the Municipal Committee, Chishtian, sought leave to appeal against a Punjab Service Tribunal judgment that dismissed his challenge to the termination of his ad hoc employment. The petitioner argued that his appointment, despite being labeled ad hoc, had become regular due to the permanent nature of the post and the duration of his service. He also challenged the authority of the Tribunal's Chairman to hear the matter singly. The Supreme Court rejected both contentions. Regarding the composition of the Tribunal, the Court held that Section 3(A) of the Punjab Service Tribunals Act, as amended by Ordinance No. XI of 1980, explicitly authorized the Chairman to act singly. On the merits, the Court affirmed that an ad hoc appointment made without following recruitment rules does not become regular merely by the passage of time. While acknowledging the failure to provide the mandatory one-month notice for termination, the Court held this entitled the petitioner only to one month's pay in lieu of notice, rather than reinstatement.

Questions settled in this judgment
  • Can the Chairman of the Punjab Service Tribunal hear and dispose of an appeal acting singly?
  • Does an ad hoc appointment automatically become regular by the mere passage of time?
  • What is the remedy for an ad hoc employee whose services are terminated without the mandatory one-month notice?
Laws & provisions referred
  • Article 212(3), Constitution of Pakistan 1973
  • Section 3(A), Punjab Service Tribunals Act 1974
  • Ordinance No. XI of 1980
ad hoc appointmentservice tribunaltermination of serviceregularization of serviceone month noticecomposition of tribunal

ORDER

1. SHAFI-UR-REHMAN, J.-The petitioner a former employee of Municipal Committee, Chishtian, seeks leave to appeal under Article 212 (3) of the Constitution against the judgment of the Punjab Service Tribunal comprising its Chairman acting singly whereby while expressing sympathy with the petitioner, his service appeal was dismissed on 3-11-1981.

2. The petitioner was appointed on the 8th of October, 1979 on compas--sionate grounds "on purely ad hoc basis" in the National Pay Scale No. 16 and posted as Chief Officer, Municipal Committee, Chishtian. His services were terminated on 23rd December, 1980 with immediate effect. The petitioner felt aggrieved by this and approached the Service Tribunal. His case was that notwithstanding the fact that the appointment was ad hoc, he was a regular appointee because the post against which he was appointed was permanent and he bad continued beyond a period of 6 months for which ad hoc appointments could be made. The Chairman of the Service Tribunal himself heard the petitioner, expressed sympathy with his cause and dismissed it. The learned counsel for the petitioner contends that under the law, the Chairman could not acting singly deal with the appeal and on merits, he has reiterated what has been considered by the Chairman in the judgment under appeal.

3. The first legal contention of the learned counsel for the petitioner does not take notice of the amendment made in the Punjab Service Tribunal Act by Ordinance No. X1 of 1980 of 19th February, 1980. Section 3(A) was added whereby it became permissible for the Chairman to constitute himself singly as the Tribunal and dispose of the matter. This amendment meets the objection of the learned counsel for the petitioner.

4. In making appointment of the petitioner, the normal rules of recruitment had not been followed.

5. The appointment had been made on compassionate grounds. It was expressed to be ad hoc.

6. Simply by lapse of time such a appointment could not become regular. It is true that the petitioner was not given a month's notice as was required to be given while terminating the services of an ad hoc appointee. This requirement of the law, however, is not without an alternative. In the absence of such a notice, the petitioner' claim extends to a month's pay. He has to seek it from the appropriate authority. He cannot on that score avoid the termination of his ad hoc appointment.

7. We find no merit in this petition and the leave to appeal is refused.

Cited by 24 cases

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