IFTIKHAR AHMAD vs THE COMMISSIONER, BAHAWALPUR DIVISION and another

This matter concerns a petition for leave to appeal against an order of the Punjab Service Tribunal, which had upheld the termination of the petitioner's employment. The petitioner had been appointed on a purely temporary basis against a leave vacancy. Upon the return of the original incumbent to duty, the petitioner's services were terminated. The core legal question was whether a temporary employee appointed against a leave vacancy possesses a vested right to retention in service after the original incumbent resumes their position. The Supreme Court held that the petitioner, having been appointed on a purely temporary basis, had no legal right to be retained on the post once the incumbent reported for duty. Consequently, the Department was justified in terminating the petitioner's services. The Court affirmed the principle that a temporary appointee against a leave vacancy holds no right to continued employment once the vacancy ceases to exist due to the return of the original employee.