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Civil Petition No. 219‑R of 1985, decided on 16th October,1985.
(On appeal from the judgment and order of Federal Shariat Service Tribunal, Islamabad, dated 1‑1‑1985 passed in Appeal No. 245 (P) of 1983).
‑‑‑Art. 212(3)‑‑Civil Servants Act (LXX of 1973), S.11(3)‑‑Civil service‑‑Leave to appeal granted to examine questions whether eligibility of a civil servant for confirmation in service after expiry of period of probation means his automatic confirmation or it requires an express order to that effect; whether a civil servant who has not been confirmed by an express order becomes permanent in his appointment merely after expiry of period of probation; whether an order of termination of service of a person in temporary employment under S. 11(3) of Civil Servants Act, 1973, must be in public interest as statutory requirement; and whether a civil servant who has been expressly appointed on temporary basis could be treated as permanent civil servant.
Munir A. Shaikh, Deputy Attorney‑General assisted by Ch. Akhtar Ali, Advocate‑on‑Record for Petitioners.
K.E. Bhatti, Advocate‑on‑Record for Respondent. Date of hearing: 16th October, 1985.
‑ This petition is from the judgment of Federal Service Tribunal, Islamabad, dated 1‑1‑1985 whereby the order of termination of service of the respondent was set aside and the respondents' appeal accepted.
2.After going through the impugned judgment and hearing the learned Deputy Attorney‑General, leave is granted to examine the following questions:‑
(1) Whether eligibility of a civil servant for confirmation in a service after the expiry of the period of probation means his automatic confirmation or it requires an express order to that effect
(2) Whether a civil servant who has not been confirmed by an express order becomes permanent in his appointment merely after the expiry of the period of probation
(3) Whether an order of termination of a person in temporary employment under section 11(3) of the Civil Servants Act, 1973 must be in the public interest as statutory requirement
(4) Whether a civil servant who has been expressly appointed on temporary basis could be treated a permanent civil servant
3. The appeal shall be made ready on the present record and fixed at an early date and meanwhile the operation of the impugned judgment shall remain suspended.
M.Y.H. Leave granted
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