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Appeal No.342 of 1983, decided on 22nd December, 1983.

‑‑‑S.4‑‑Punjab Civil Servants Act (VIII of 1974), S.2 (b)(ii)‑‑Civil service‑‑Removal from service challenged‑‑Appellant worked for seven years‑‑Report revealed that appellant was employed as Dust Kuli for a fixed term and was paid from contingency‑‑Held: Appellant did not come within definition of civil servant‑‑Appeal dismissed in limine.

Haji Mushtaq Ahmad Aqil for Appellant.

A.G. Humayun, District Attorney for Respondent.

Falak Sher has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has made a grievance that he has been removed from service although tie had been working on the job for about last 7 years. A report was called from the respondent which has been provided to the learned counsel for the appellant. The respondent is represented through Mr. Abdur Rahim, Assistant of the D. C. Office.

I have seen the record and find that the appellant was employed as Dust Kuli and was being paid from the contingency. It is also apparent from the record that his term of service had to expire on 30‑6‑1982. In view of these circumstances the appellant does not come within the definition of Civil Servant as provided in section 2 (b) of the Punjab Civil Servants Act, 1974. This being the situation, I find no justification to admit the case for regular hearing and dismiss the same in limine.

M.I. Appeal dismissed.

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