Law:

Section:

(a) Civil service--- ----Contractual employees---Regularization of services---Scope---Petitioners sought regularization of their contractual service---Validity--Petitioners had cleared the written examination, which was a pre-condition before they could be appointed to the posts applied for but the written test could not gauge the personality of the candidate or his communication skills, or his leadership or decision-making abilities which were left to be examined at the time of the interview---Interview was a subjective test and a Court of law could not substitute its own opinion for that of the interviewing board---Summary was sent to the Competent Authority with the proposal that the services of the petitioners be retained in the public interest for successful implementation of computerization of land records in the province---However, Competent Authority had proposed that the services of petitioners be regularized through a competitive process through public notice afresh---Constitutional petitions were allowed while holding that the appointments of petitioners in the department were based on the process that was substantially and tangibly fair and within the parameters of its applicable rules and regulations through the competitive process on merits. Muhammad Ashraf Sangri v. Federation of Pakistan and others 2014 SCMR 157 and Federation of Pakistan through Secretary Establishment Division v. Ghulam Shabbir Jiskani 2011 SCMR 1198 ref. (b) Civil service--- ----Appointment of civil servant---Contractual appointment---Scope---Posts are of two kinds one is called temporary post which is always a time-bound post, and the post which is not time-bound is always treated as a permanent post and there is no concept of any contract post in service jurisprudence; and, in the service regulations there is no post which can be termed as contract post as a separate cadre; and, there is no procedure whatsoever which provides appointment by way of contract, therefore, the provincial government is bound to ensure that every appointment in the basic scales is to be made, in their departments, under the regular mode of appointment/service and not otherwise. Government of…

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