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(On appeal from the judgment of the Punjab Service Tribunal dated 4-5-1980 in Appeal No. 203/262/78).

S. 4 and Constitution of Pakistan (1973), Art. 212-Order of appoint ment not only expressed to be until further orders but petitioner's selection made in isolation without considering competing claims of other candidates for post-Selection even if presumed to be a regular promotion of indefinite duration, petitioner's appointment could not but be on probation, requirement to probation having not been dispensed with-Reversion having taken place within a year and no stigma having attached to same, petitioner, held, could have no grievance against his reversion.

Ch. Hamid-ud-Din Advocate with Sh. Salah-ud-Din, Advocate-on-Record for Petitioner.

Date of hearing: 17th December, 1980.

The petitioner, a civil servant, seeks leave to appeal under Article 212(3) of the Constitution against the decision of the Punjab Service Tribunal dated 4-5-1980.

2. The petitioner was a Federal Civil servant In Grade No. 17 and the Governor of the Punjab appointed him as a Section Officer on regular basis in relaxation of the rules. In 1977, the Selection Board recommended him for promotion as Deputy Secretary and he was so appointed on 12-2-1977. On 12-9-1977 the notification of his promotion was cancelled. The petitioner was reverted to the Federal Government. He challenged these orders before the Service Tribunal which ultimately held that the transfer of the petitioner and his appointment in Grade 17 by the Punjab Government was regular, the promotion too was regular in spite of the fact that others eligible to be considered for promotion were not considered along with the petitioner. All the same the Tribunal held that his appointment was against an existing vacancy until further orders. Thus, there was, according 'to the Tribunal, a power reserved in the appointment order itself to terminate the apartment which could be prospectively exercised. To that extent alone that order was given effect to.

3. The learned counsel for the petitioner contended that in the background of an existing vacancy and the appointment being until further orders it was not open to the Government to interfere with it except in accordance with rules governing the reversion of the petitioner.

4. We find that not only the orders were expressed to be until further orders the selection of the petitioner had been made as noted by the Service tribunal in isolation without considering the competing claims of other candidates for the post. Even if it were a regular promotion of indefinite duration the appointment of the petitioner as Deputy Secretary could no -but be on probation, there being nothing to show that the requirement o probation was dispensed with. As his reversion took place within a year h could have no grievance against the reversion as such there being no sti attaching to it.

5. The petition raises no question of law and leave is refused.

Petition dismissed.

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