1. M. SALEEM CHAUDHRY (CHAIRMAN).--Briefly the facts are that the appellant who was initially working as a peon in the Irrigation Research Institute, Lahore was selected for appointment as Store Keeper at Nandipur, District Gujranwala on 13th November 1973, by the order of Director, Research Institute. In terms of the aforesaid order, the appointment was initially for a period of three months. The appellant appears to have reported for duty at Nandipur on 14th November 1973.
2. In the meantime the Irrigation Research Institute Employees' Union appears to have represented against the appointment of the appellant and instead demanded that Abdul Rehman who was already working in the Stores should have been appointed as Store Keeper. In view of the aforesaid representation it further appears that appointment of the appellant was held in abeyance by the orders of the Director, Irrigation Research dated 21st November 1973. Afterwards the recommendations were called for the Employment Exchange on 25-2-1974 for sending suitable candidates for interview on 19th March 1974, for appointment as Store Keeper. After the interview on 19th March 1974, in which the appellant also participated, aforesaid Abdul Rehman was selected as Store Keeper and appointed in same capacity on 28th March 1974. The appellant aggrieved by the aforesaid appointment first moved a writ petition in the Lahore High Court, which was declared to have abated on 3rd December 1974, after the establishment of this Tribunal. Before filing the present appeal on 12th December 1974, before this Tribunal the appellant had also approached the departmental authorities in. Appeal, which was also rejected by the Chief Engineer concerned.
3. In support of the appeal the learned counsel for the appellant contends that since his appointment had been validly made therefore the same could not be withdrawn and that the order of withdrawal of appointment was without jurisdiction. He further contends that he had already reported for duty and the order of appointment had become effective. According to the learned counsel notwithstanding the withdrawal he continued to hold that post of Store Keeper.
4. Mr. A. G. Humayun, the learned Government Pleader on the other hand contends that the appointment of the appellant never became effective inasmuch as he never took over the charge nor draw any salary as Store Keeper. The Government Pleader further argued that the appointment at the best was available for a period of three months of the appointment order. According to him there was no authority for continuance of the appellant as Store Keeper after the expiry of three months.
5. After hearing both the parties we are clearly of the view that the appointment had become effective on 14th November 1973, when the appellant had reported for duty at Nandipur and his arrival was duly acknowledged by the S. D. O. By his letter dated 14th November 1973, to the Director, Irrigation Research. We are further of the view that actual assignment of duty to the appellant was immaterial and the fact that he had assumed the office was enough to establish that the order had beers duly acted upon. However, we find considerable force in the contention of the Government Pleader that the appointment of tie appellant was only for a period of three months.
6. Thus in terms of the appointment letter the appellant was not entitled to continue in service beyond three wont the unless a fresh order was passed to that effect. We are not impressed by the contention of the learned counsel for the appellant that the aforesaid clause in the appointment order only implied that the work of the appellant was to be judged for three months and unless orders passed to the contrary he was to continue automatically. We are afraid we cannot accept this contention. We accordingly hold that the appointment endured for a period of three months only. Thus appellant is entitled to the salary for three months as Store Keeper from the date of his arrival report. The appeal thus succeeds to the extent indicated above. There will be no order as to costs.