Pakistan Case Law← Search
1981 PLC (C. S.) 721

MUHAMMAD JAMIL vs PROVINCE OF THE PUNJAB AND OTHER, .

Citation1981 PLC (C. S.) 721
CourtPunjab Service Tribunal
Case No.Case No, 908/88 of 1978
Date1979-06-03
Judge(s)Muhammad Saleem Chaudhry, Mazhar Muneer, S. Hafeez-Ur-Rehman
ResultAppeal dismissed

1. M. SALEM CHAUDHRY (CHAIRMAN).-The appellant was appointed on 4th June, 1969 against a temporary post of Lecturer in Urdu on a purely temporary capacity, initially for a period of six months pending appointment of the regular selectee by the Public Service Commission. The tenure of the appellant was extended from time to time on the same conditions. On 20th June 1970, services of the appellant were terminated with one week's notice. However, it was stated in the order that the appellant was to be relieved of his duties only when his substitute joined. The appellant was thus relieved from service with effect from 4th July, 1970. The appellant continued to press his claim for absorption and reappointment as Lecturer in Urdu by the Education Department. He was reappointed on 4th September 1973 and his appointment as such was regularised with effect from 3rd September, 1975. It appears that the appellant filed a civil suit on 9th April 1974 in the Court of Civil Judge Lahore claiming therein that he was entitled to continue in the capacity of Lecturer on the basis of his original appointment in the department, or in the alternative he was entitled to be reappointed w,e,f, 24th September 1971 when his junior Muzaffar Abbas was reappointed or in any case from 27th September 1971 when Inam Elahi was appointed.

2. The suit was declared to have abated on 30th September, 1974 by the Civil Court. The present appeal was thus filed before this Tribunal on 18th December, 1976 which appears to be barred by time. Factually, the initial appointment of the appellant was on purely temporary and ad hoc basis against a temporary vacancy. Termination of the services of the appellant appears to be in accordance with the terms and conditions of his service. Mr. Muzaffar Abbas and Mr. Inam Elahi were re-appointed earlier than appellant and this, in or opinion, did not create any entitlement in his favour to be so appointed.. Eve otherwise, after abatement of the civil suite the appellant was reantre file this appeal within a period of 90 days but this appeal was filed on 18th December, 1974.

3. It is observed that certified copy of the civil Court was applied by the appellant on 13th December 1974 which itself was the date beyond the period of 90 days prescribed under section 8 of the Punjab Service Tribunal Act.

4. This appeal has no substance and is also barred by time and we accordingly dismiss the same.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search