Law:

Section:

Securities and Exchange Commission of Pakistan Act (XLII of 1997)-------S. 43(g)---Civil Service Regulations, Regln.45---Fundamental Rules, F.R. No.105---Constitution of Pakistan, Art.199---Constitutional petition---Civil service---Petitioner who had served with Provincial Government as Instructor in BPS-17 on ad hoc basis for about 7 years and was appointed as Deputy Registrar Joint Stock Companies in BPS-18 in Corporate Law Authority (an autonomous body of Federal Government) had prayed that his period of ad hoc appointment as Instructor with Provincial Government be taken into consideration for pay and pensionary benefits---Validity---Held, since the petitioner was holding post of Instructor on ad hoc 1(basis under the Provincial Government, he could not be considered to hold a permanent post in a substantive capacity under F.R. 105 of Fundamental Rules---Only continuous service was counted towards pension under the said Fundamental Rules---Petitioner having been employed on ad hoc basis was not required to make any contribution towards pensionary benefits; and he had not contributed anything towards such benefits---Petitioner was required to produce certificate from the Audit office of the Provincial Government to the effect that his service was counted towards pension; and that Government of N.-W.F.P. was prepared to pay proportionate share of pension under Regln.45 of the Civil Service Regulations; and that there was such agreement between the Federal and Provincial Government as contained in Selection A of Appendix 3 of Account Code Vol-1---No such certificate had been produced by the petitioner---Petitioner, in circumstances, did not qualify for pensionary benefits and commutation for period of his ad hoc service--Constitutional petition was not maintainable as the Rules cited in impugned order by the authorities were non-statutory rules; and employees of autonomous bodies or organizations having non-statutory Rules, could not seek remedy under Art.199 of the Constitution. Pakistan through the Secretary, Ministry Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407; Chief Secretary, Government of Sindh v. Sher Muhammad Makhdoom and 2 others. PLD…

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