| Citation(s) |
|---|
| 2019 SLG 1613 2019 SLD 1613 2019 PLC 740 |
Supreme Court of Pakistan
Civil Appeals Nos. 845-846 of 2010 and C.As. Nos. 596-L to 599-L of 2013 along with C.M.As. Nos. 4548 of 2014 and 3891 of 2015, decision & hearing Dated: 31-01-2019. (On appeal against the judgment Dated 26.10.2009 passed by Federal Service Tribunal, Isla
SH. AZMAT SAEED, JUSTICE MUSHIR ALAM, JUSTICE SAJJAD ALI SHAH, JUSTICE
Petitioner(s) by: Abdul Rahim Bhatti, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record (in C.A. No. 845 of 2010). Muhammad Abbas Mirza, Advocate Supreme Court (in C.A. No. 846 of 2010). Muhammad Abbas Mirza, Advocate Supreme Court (in C.As. N
Civil Appeals Nos. 845-846 of 2010 and C.As. Nos. 596-L to 599-L of 2013 along with C.M.As. Nos. 4548 of 2014 and 3891 of 2015, decision & hearing Dated: 31-01-2019. (On appeal against the judgment Dated 26.10.2009 passed by Federal Service Tribunal, Isla
SH. AZMAT SAEED, JUSTICE MUSHIR ALAM, JUSTICE SAJJAD ALI SHAH, JUSTICE
Petitioner(s) by: Abdul Rahim Bhatti, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record (in C.A. No. 845 of 2010). Muhammad Abbas Mirza, Advocate Supreme Court (in C.A. No. 846 of 2010). Muhammad Abbas Mirza, Advocate Supreme Court (in C.As. N
ABU BAKAR FAROOQ THROUGH CHAIRMAN AND OTHERS
VS
MUHAMMAD ALI RAJPAR AND OTHERS
Law: Civil Servants Act, 1973
Section: 8,11,11(3)
Law: Federal Public Service Commission (Functions) Rules, 1978
Section: R.3
Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973
Section: R.10,19
Civil Servants Act (LXXI of 1973)--- ----Ss. 8 & 11(3)---Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, Rr. 10 & 19---Federal Public Service Commission (Functions) Rules, 1978, R. 3---Ad hoc appointment---Regularization in service---Seniority, reckoning of---Scope---Whether ad hoc employee, who was switched to contract employee and then finally regularized in service could be granted seniority with effect from the date of his ad hoc appointment---Since the appointment on ad hoc basis was a "stop gap" arrangement, therefore, as provided in S. 11(3) of the Civil Servants Act, 1973, it stood terminated either on the expiry of the period for which such ad hoc appointment was made or on the appointment of a person recommended by the Commission---Such ad hoc appointee did not acquire a right to claim his seniority in accordance with S. 8 of the Civil Servants Act, 1973 vis-a-vis the civil servants who were appointed on regular basis on the recommendation of the Commission after going through the selection process---Ad hoc employee neither had right to hold the post beyond the period for which he was appointed nor the government had a right to continue with such ad hoc appointee for a long period of time---Extended appointment on ad hoc basis only arose where the government violated the provision of R. 3 of the Federal Public Service Commission (Functions) Rules, 1978 and without placing a requisition before Commission for regular appointment filled the post on ad hoc basis and then kept on extending the period of such ad hoc appointment---In such a situation the ad hoc appointee clung on to his post knowing fully well that his ad hoc appointment was not in accordance with the prescribed method of appointment and was only a "stop gap" arrangement, till recruitment in accordance with the prescribed method of appointment was made---Such conduct of the government had always been deprecated by the Courts, however, such shortcoming/non-adherence to the legal requirements by the competent authority could earn no benefit for the ad hoc appointee for the simple reason that bestowing the benefits of regular appointment upon an ad hoc employee would…
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