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M. NOOR MUHAMMAD versus DIRECTOR OF EDUCATION (SCHOOLS)


Constitution of Pakistan 1973 Article 212 (3) As a seniority government employee, the official / temporary senior English teacher was appointed to a specific position but was not allowed to join the duty on the basis of which he was appointed. What was done was not available. The government employee of the institution was then transferred to another position where he assumed office on 27 11 1971. It was disputed that when he first reported for duty, the date of his joining the service should have been 23 11 1971 when he had not really joined any other institution. Being available at the first place of appointment of a civil servant, it could not be treated as if he had joined the service on 11 11 1971 when he reported the duty there. The second posting was posted on 27 on 11. In 1971, where there was a vacancy, it could be included in the service at that date, therefore, the service tribunal was justified in rejecting the claim of the public servant on that day. f An appeal was denied for his joining services

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