Law:

Section:

Civil service-------Contract employee of Adbi Board (a registered society)---Regularization in service on the orders of the Chairman of the Board/Provincial Minister of Education---Legality---Under the constitution of the Adbi Board, no power was vested in the Minister/Chairman of the Board to make appointments/regularizations of Board's employees---Clause 5 of constitution of the (Sindhi) Adbi Board specifically provided that the Board shall appoint such officers and servants as it deemed necessary to carry out the purpose of its constitution---Said clause of the constitution was essential to ensure that there was no nepotism, favouritism or arbitrary decisions in making of appointment/regularization of employees of the Board---Order passed by Chairman of the Board, whereby employee in question was regularized was without lawful authority and of no legal effect---Appeal was allowed accordingly. Ansari Abdul Latif, Senior Advocate Supreme Court and A.S.K. Ghori, Advocate-on-Record for Appellants. Ms. Rukhsana Ahmed, Advocate Supreme Court for Respondent. Date of hearing: 16th December, 2013. ORDER GULZAR AHMED, J.---The appellant has assailed the order dated 6-3-2012 of learned Division Bench of the Sindh High Court, Circuit Court, Hyderabad, by which Constitutional Petition No. D-677 of 2011, filed by the respondent, was allowed directing that respondent be paid salary that of BPS-16 from 4-5-2010 onwards. 2. Facts of the matter are that Sindhi Adbi Board Jamshoro, (the Board), appellant herein, was established pursuant to Resolution passed by the Government of Sindh and the Board was registered as society under the Societies Registration Act XI of 1860. Vide office order dated 18-5-2009 of the Board, the respondent was appointed as Calligrapher BPS-16 on contract for a period of six months. Through another office order of the Board dated 11-3-2010, the contract period of respondent was extended for three months. Vide another office order of the Board dated 31-3-2010, the service of respondent was regularized as Incharge Proof Reading in BPS-9 with immediate effect. The respondent seems to have filed an Appeal dated 8-4-2010 before the Board for his…

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