Law: Civil Procedure Code (V of 1908)

Section: 2(b)

Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973

Section: 10 to 12

Law: Constitution of Pakistan, 1973

Section: 4,5,25

PLJ 2026 Islamabad 9 Civil Procedure Code, 1908 (V of 1908)-- ----S. 2(b)--Civil Servant (Appointment, Promotion & Transfer) Rules, 1973, Rr. 10 to 12--Constitution of Pakistan, 1973, Art. 199--Daily wages basis--Principals area education officer--Not competent appointing authority--Absence of codal formalities--No advertisement of post--No scrutiny by department selection committee of FPSC--No vested right to claim regularization on absorption--Exclusive domain of FPSC --Plea of discrimination misconduct--Supreme Court had consistently held that appointments made without recourse to statutory procedure and without approval of competent authority are void ab initio, being coram non judice, and confer no enforceable rights--Since appointments to such posts fall exclusively within domain of FPSC under Article 242 of Constitution read with 1973 Act--Petitioners’ claim of regularization pursuant to such recommendations thus stands barred by binding precedent--Mere efflux of time an employee could not claim regularization and knock on door of High Court for same--Petitioners, by their own admission, were engaged on daily wages and had continued in service without interruption for over a decade--However, continuity of service on a non-statutory footing did not, by itself, ripen into a vested right of regularization--Petition dismissed.                              [Pp. 15, 18 & 21] A, B, C & E Constitution of Pakistan, 1973-- ----Arts. 4, 5 & 25--Plea of discrimination-- If a benefit was extended to an individual on account of an erroneous or irregular decision, such benefit could not be claimed by others on ground of parity--Every citizen is to be dealt with in accordance with law, and every executive authority is bound to act strictly under Constitution and law.     [Pp. 20 & 21] D & F Judgment Through the instant Writ Petition, the petitioners has invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of the Islamic…