Shahid Jamil Khan, J. The petitioner , being an ad hoc appointee, is aggrieved of verbal termination from service, after transfer of respondent No.6 vide impugned order dated 27.01.2020.
2. The petitioner was appointed as Medical Officer (BS-17), on ad hoc basis against an existing vacancy , vide appointment letter dated 09.10.2019. The appointment is for one year, till 08.10.2020, or till availability of regular incumbent/selectee of the Punjab Public Service Commission ("PPSC") . The respondent No.6 was appointed through PPSC as regular employee on 07.01.2019 i.e., more than 08 months before petitioner's appointment. He has been transferred, through impugned order , against the post held by the petitioner , without any consequential written order for petitioner's transfer or termination of service.
The petitioner is verbally informed that her ad hoc appointment stands terminated on transfer of regular incumbent at the post held by her , hence this petition.
3. Learned counsel for the petitioner argued that impugned verbal termination is in violation of Section 10 of The Punjab Civil Servant Act, 1974 ("Act of 1974") .
4. Learned AAG, assisted by the respondent No.4 (Chief Executive Officer), has not denied the factual position that on transfer of respondent No.6, the petitioner has been verbally informed about termination of her service. He submitted that as a practice on transfer or appointment of a regular incumbent, the ad hoc appointee is relieved from service verbally , without any written order of termination.
5. Heard. Record perused.
6. To examine legality of the impugned action, operative part of the appointment letter dated 09.10.2019 and relevant provisions of Section 10 of the Act of 1974 are reproduced:- "GOVERNMENT OF THE PUNJAB PRIMAR Y & SECONDAR Y HEAL THCARE DEP ARTMENT Dated Lahore, the 9th October 2019
No. SO(WMO)20-51/2019(Adhoc) . The following doctors are hereby appointed as Woman Medical Officer (BS-17), in Bahawalpur , on adhoc basis, for a period of one year with immediate effect against an existence vacancy or till the availability of regular incumbent / selectee of the Punjab Public Service Commission, Lahore, whichever is earlier . Their posting stations are mentioned against their names as under:-..."
[emphasis supplied] "10. T ermination of Service
(1) The service of a civil servant may be terminated without notice -
(i) .....
(ii) If the appointment is made on ad hoc basis liable to termination on the appointment of a person on the recommendation of the selection authority , on the appointment of such person.
(2) ...
(3) Notwithstanding the provisions of sub-section (1) but subject to the provisions of such-s ection (2), the service of a civil servant in temporary employment or appointed on ad hoc basis shall be liable to termination on thirty days notice or pay in lieu thereof."
[emphasis supplied] Perusal of the provisions and contents of appointment letter , ibid, do show that an appointment on ad hoc basis is temporary in nature, liable to termination on appointment of regular incumbent. Nonetheless, such termination cannot be as simple; as is practiced by respondent department. The condition, stipulated in the Section 10(1)(ii) i.e., 'appointment of a person on the recommendation of the selection authority' during the tenure of ad hoc appointment, is a sine qua non. Admittedly , respondent No.6 was appoi nted, before petitioner 's appointment and not during the tenure of one year .
7. Even on appointment of regular incumbent, the authority is bound to serve a thirty days notice or pay in lieu thereof . Such notice, in writing, should contain the information of appointment of regular incumbent, against the vacancy , and an intimation of termination within thirty days from the date of notice. Alternatively , the termination with immediate ef fect should be communicated with pay in lieu thereof.
It goes without saying that after insertion of Articles 10A and 19A in the Constitution of Islamic Republic of Pakistan, 1973 ("Constitution") , due process and disclosure of necessary information in a notice or a show case notice is fundamental right of the recipient of any notice. Any action taken, on a notice or a show cause notice, lacking due process or necessary information, shall be susceptible to judicial review in constitutional jurisdiction and liable to be set aside for not adhering to the guaranteed fundamental rights, ibid.
8. The impugned action of reliving the petitioner , verbally , on simple transfer of a regular employee, being not an incumbent appointed against the vacant post, is highly deprecated and is declared in violation of express provisions of law. It is reiterated that a statutory right, even temporary , cannot be taken away in violation of fundamental rights guaranteed under Articles 4, 10A and 19A of the Constitution.
The petitioner has a statutory right, though temporary , to serve for the one year, unless a regular incumbent is appointed on recommendation of selection authority and that too on service of a written notice for thirty days or pay in lieu thereof.
9. For what has been discussed, the impugned transfer order dated 27.01.2020 is set aside. The petitioner shall continue to serve unless her service is terminated in accordance with law .
The petition is allowed.