Law:

Section:

Civil service--- --------Ad hoc appointment---Discretion, exercise of---Scope---Acting charge of the post was given to the junior most officer by the department---Contention of appellant was that respondent-employee had been posted in violation of rules and regulations---Validity---Acting charge had been given to the respondent-employee who was most junior officer---Respondent-employee had been posted against rules and regulations---Senior officers were available in the department Service Tribunal observed that ad hoc appointment policy should be discouraged and employees should be posted on permanent basis---Acting/additional charge must be given to the persons who were senior most---Authority had no discretion to make posting against seniority list---Discretion should be exercised judiciously based on merit---Discretion had not been exercised in accordance with law in the present case---Impugned notification had been issued in violation of rules and regulations---Department was directed by the Service Tribunal to post a senior officer against the post in question within a specified period---Government would be competent to post senior most officer as stopgap arrangement if suitable senior officer was not available for posting till availability of suitable officer---Respondent-employee was directed to cease to hold the position after expiry of stipulated period i.e. one month from the date of passing of present ---Appeal was disposed of in circumstances. 1999 PLC (C.S.) 264 and PLD 2013 SC 1951 rel. THIS JUDGMENT DELIVERED BY: ZAHEER-UD-DIN KAKAR (CHAIRMAN):----------------- The appellant being aggrieved of impugned Notification No.SO-I(LG)1-6/2015/2313-23/ dated 11-11-2015, whereby, he has been transferred from the post of Acting Senior Assistant Director LG Naseerabad at Dera Murad Jamali to the post of Assistant Director (BPS-17) Local Government Kachhi, at Dhadar and in his place respondent No.3 has been posted preferred instant appeal with contention, that the impugned notification has been made in violation of Rules and Regulations as well as in violation of Transfer/Posting Policy of the Government of Balochistan. Thus, the same is liable to be…

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