ASAD ULLAH MUNIR TARRAR vs CHIEF ENGINEER, IRRIGATION DEVELOPMENT

' AKHTAR HASSAN (CHAIRMAN).---The appellant Mr. Asad Ullah Munir Tararr, Sub-Engineer (Mechanical) Mughaipura Irrigation Division, Lahore was appointed as such vide the order dated 11-3-1990 (Annexure A) on ad hoc basis, for a period of one year, or till appointment of a recommendee of the D.S.C. Whichever was earlier. The appointment was extended from time to time till 18-8-1993 when it was abruptly terminated by an order (Annexure E) of even date. He preferred a departmental representation against it but the same was rejected by the order dated 11-12-1993 (Annexure G) and hence the instant appeal.

2. It was asserted that quite a few other appeals, brought against termination of similar ad hoc appointments, were not only admitted by this Tribunal to regular hearing, but also operation of the orders was suspended mainly on the ground that under section 10 of the Punjab Civil Servants Act, 1974, such an appointee would have a right to continue till a regularly selected incumbent was appointed to replace him. It was added that rule 22(2) of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 was wrongly involved to terminate the appellant's service inasmuch as it was repugnant to section 10 ibid and likewise reliance on the Supreme Court judgment on that behalf was equally inapt in that neither the appellant was a party to it nor did it discuss the provisions of sections 10 ibid.

3. Still further it was contended that while a number of such employees quite junior to him, had been regularised on the directive of the Chief Minister, the, appellant was denied such treatment by ignoring the Chief Minister's directive dated 20-10-1990 (Annexure K) whereby he too was ordered to be regularised and that thereby he had been exposed to serious discrimination. Consequently, he prayed for continuance of his job and also sought its regularisation as per directive of the Chief Minister referred to above.

4. The appeal was opposed/reiterating that there was no vested right in continuing an ad hoc appointment nor in claiming its regularisation and that it was terminated according to the Government Policy which in turn rested on the Supreme Court judgment. It was observed, in addition, that lately the Punjab Public Service Commission had selected incumbents to fill the posts occupied by ad hoc employees and that even in terms of section 10 ibid, the appellant had no choice to stick to it. In regard to regularisation of service of his juniors, it was explained that the matter was under active consideration of the Department but so far no final orders were passed.

5. The appellant's contention that there existed a number of posts of the Sub-Engineer, was not disproved by producing any material. The result would be that the appellant will have a right to be adjusted against any of them till all are filled on regular basis by properly selected incumbents. The principle of last come first go, shall be applicable and further under section 10(2), a month's notice and salary will also have to be paid before the so-called termination is ordered. The impugned order was not shown to have conformed to these requirements and as a result it could not be sustained.

6. Next, quite a few juniors of the appellant were regularised. Anncxures L, M, N, 0 & P were undisputed example of regularisation of services of the concerned Sub-Engineers. The appellant was amply right in urging that he could not be discriminated against especially when the Chief Minister in his directive dated 23-9-1993 (Annexure D) had clearly ordered that his service as well be so regularised. The learned DA had nothing substantial to say against it, nor were the written objections categorical in denying existence of those regularisations. The rule of equal treatment would not permit such inequality vis-a-vis persons similarly circumstanced.

7. As a result, the appeal is allowed. The impugned order is set aside. The appellant is reinstated as ad hoc employee and shall continue to hold such tenure till today whereafter his services shall stand regularised as per directive of the Chief Minister dated 20-10-1990 (Annexure K).