Law: Civil Servants Act, 1973

Section: 14(1)

Civil Servants Act (LXXI of 1973)--- ----S.14(1)---Contract appointment---Extension of---Appointment against the post of Advisor/Consultant on Development Budget (Operation)---Scope---Contention of petitioner was that contract appointment of respondent was against law---Validity---No law existed to the effect that a contract appointment made against a project post could be extended from time to time for as long as the project had completed---Extension in contract appointment should be for a "reasonable" period---Nine years extension could not be termed as "reasonable"---Respondent could compete for appointment against post in question as and when it was re-advertised---Respondent had been appointed after participating in a competitive process pursuant to an advertisement published by the authorities---Respondent was not re-employed against the same post which he had held prior to retirement---No embargo existed that a retired civil servant could not compete for appointment on contract basis against a post in a project controlled by the Government---Appointment of respondent could not be termed as re-employment after superannuation---Extension of respondent was declared unlawful---Department was directed to re-advertised the project post of Advisor/Consultant on Development Budget (Operation) for which respondent would be at liberty to apply and participate in the competitive process---Constitutional petition was allowed, in circumstances. Azra Jamali v. Federation of Pakistan through Secretary, Ministry of Commerce 2017 PLC (C.S.) 533; Tariq Aziz-ud-Din's case 2010 SCMR 1301; Amin Jan v. Director-General, T&T PLD 1985 Lah. 81 and Sardar Muhammad v. Federation of Pakistan PLD 2013 Lah. 343 ref. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, J.--- Through the instant writ petition, the petitioner, Dr. Ali Bat Khan, impugns the appointment of respondent No.2 (Muhammad Asif Sheikh) as Advisor/Consultant on Development Budget (Operation) in the project titled "Institutional Strengthening and Efficiency Enhancement of Planning Commission" in the Ministry of Planning, Development and Reform, Government of Pakistan. 2. Learned counsel for the petitioner…

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