Law: Constitution of Pakistan, 1973

Section: 199

Law: Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974

Section: 22

(a) Constitution of Pakistan--- ----Art. 199---Punjab Civil .Servants (Appointment and Conditions of Service) Rules, 1974, R.22---Constitutional petition---Civil Service---Regularization of ad hoc appointment of the petitioner against the post of Senior Registrar (Surgery) (BS-18) on the basis of length of service---Scope---"Ad hoc appointment" and "appointment by promotion"---Distinction elaborated---Petitioner was aggrieved of his termination and promotion of respondent as Senior Registrar Surgery (BS-18) on acting charge basis by respondent's adjustment against the post vacated by termination of ad hoc appointment of petitioner---Validity---Respondent's promotion on the recommendation of Departmental Promotion Committee created a vested right in his favour and such incumbent could be promoted to the higher scale on availability of a vacant post, which was admittedly occupied by the petitioner as a stop-gap arrangement---Respondent after having been promoted was adjusted against the said post, which had not infringed any of the Fundamental Rights of the petitioner---Promotion of respondent against the post of Senior Registrar Surgery (BS-18) was to be considered as a regular appointment and petitioner could not claim continuation of his ad hoc appointment against the post in presence of promotion of respondent on the recommendations of a duly constituted departmental promotion committee as approved by the competent authority---Constitutional petition was declined in circumstances. Dr. Naveeda Tufail and 72 others v. Government of Punjab and others 2003 SCMR 291; Ghulam Sarwar v. Province of Punjab 1982 SCMR 46 and Muhammad Ashraf v. Government of Punjab PLJ 1998 Tr.C. (Services) 77 ref. (b) Civil service--- ----"Ad hoc" and "Acting charge"---Meaning and connotation---Word "ad hoc" itself reflected that an incumbent was holding the charge as stop-gap arrangement as the vacant post was not filled up through due process---Word "acting charge" had wider connotation, as a person performing duties on acting charge basis exercised full powers of the office and could not be considered to be appointed on the basis of stop-gap arrangement. ORDER SHAH KHAWAR, J.---…

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