Law: Sindh Public Service Commission (Functions) Rules, 1990

Section: 3,5

Law: Sindh Civil Servants (Regularization of Ad hoc Appointments) Act, (XIX of 1994)

Section: 2(2)

Law: Constitution of Pakistan, 1973

Section: 212(3)

Law: Sindh Civil Servants Act, (XIV of 1973)

Section: 2(1)(a)

Sindh Public Service Commission (Functions) Rules, 1990--- ----Rr. 3 & 5 [since omitted]---Sindh Civil Servants Act (XIV of 1973), S.2(1)(a)--- Sindh Civil Servants (Regularization of Ad hoc Appointments) Act (XIX of 1994), S. 2(2)--- Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, R. 10---West Pakistan Secretariat (Section Officers) Service Rules, 1962---Constitution of Pakistan, Art. 212(3)---Inter se seniority---Dispute over seniority list---Ad hoc appointments---Scope---Section Officers (BS-17) directly appointed by Provincial Chief Minister under R. 5 of Sindh Public Service Commission (Functions) Rules, 1990, without reference to the Sindh Public Service Commission--- Status of--- Regular appointments and not ad hoc appointments---Petitioner was appointed as section officer in BPS-17 through the Sindh Public Service Commission ("Commission") in the year 1992---Respondents were directly appointed to such posts in the year 1991 by the Provincial Chief Minister without reference to the Commission through the purported exercise of powers under R. 5 of the Sindh Public Service Commission (Functions) Rules, 1990 (as it then was)---Contentions of petitioner were that appointments of respondents, could not be deemed to be regular for the purposes of determination of seniority and ought to be treated at par with ad hoc appointments requiring regularization; that the Sindh Civil Servants (Regularization of Ad hoc Appointments) Act, 1994, was enacted on 28-7-1994, and it was only upon the regularization in terms of the said Act that the respondents achieved the status of regular employees for the purposes of determining their seniority; that, in such circumstances, the respondents could not be held to be senior to the petitioner despite having been appointed in 1991 i.e. prior to the petitioner---Validity---Section 2(1)(a) of the Sindh Civil Servants Act, 1973, provided that ad hoc appointments were made pending recruitments in accordance with the prescribed procedure implying that such posts were subject to a given procedure which in the present case of appointments in BPS-17 by virtue of R. 3 of the Sindh Public Service Commission…

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