The Surplus Public Servants Absorption Ordinance, 1885


The Surplus
Public Servants Absorption Ordinance, 1885


Sections-2 (c) & 5

The then
President on 5.9.90 six Temporary Taxes Appellate Tribunal Benches were created
only for 2 years to dispose of pending cases quickly — on the basis of a
competitive examination and interview and after observing all formalities of
quota system for freedom fighters, districts and women, the writ petitioners
were appointed temporarily for a period of 2 years at Temporary Benches of the
Taxes Appellate Tribunal, Their appointment was to last upto 14.1.92 — on
7.12.91 writ petitioners were informed by a notice from the Taxes Appellate
Tribunal that there was no possibility of continuing their services beyond
14.1.92 — But though their posts were abolished due to abolition of Temporary
Benches, yet additional equivalent posts were created in the reorganised Six
Permanent Taxes Appellate Tribunal Benches — The contention of the writ
petitioners is that they are Surplus Public Servants —

Held: The writ petitioners posts and services communed from their
respective dates of appointment and ended with the expiry of 14.1.92. These
posts were never abolished for the purpose of administrative reorganization and
the writ petitioners do not fall within the meaning in section 2 (c) — we hold
that they had no right to be absorbed under Section 5. [Para- 16J

Secretary Ministry of Finance Vs. Nasrin Banu & Ors 4 BLT (AD)-40.