Law: Constitution of Pakistan, 1962

Section: 98

Law: West Pakistan Administration, Merger of Federal Territory of Karachi Order (9 of 1961)

Section: 8(2)

(a) Constitution of Pakistan (1962), Art. 98-Writ-Govern ment servant-Appointment to higher post in officiating capacity--- Reversion to substantive post-No reduction in rank-Letter of promotion/appointment against higher post not specifically indicating appointment as officiating-Appointee, nevertheless, aware that such appointment being against leave vacancy was of officiating nature---Writ petition challenging reversion to substantive appointment, in circumstances, held, rot maintainable. Abdul Majid Shaikh v. Mushaffe Ahmad P L D 1965 S C 208 and Miss Naseem Jahan Naim v. General Manager; P. W. Rly. and others P L D 1965 S C 112 held not applicable. West Pakistan Province v. Bashir Ahmad Qureshi P L D 1959 S C (Pak.) 93 ; Pakistan and another v. Qazi Syed Hikmat Hussain P L D 1959 S C (Pak.) 107; State of Pakistan v. Vehrajuddin P L D 1959 S C (Pak.) 147 ; Province of East Pakistan v. Muhammad Sajjad Ali Mazumdar P L D 1962 S C 71 ; Muhammad Amin Durani v. Government of West. Pakistan rend another P L D 19 6 S C 99 and Badrul Haque Qureshi v. Province of West Pakistan 1969 S C M R 244 rel. Laique Ahmad Siddiqui v. The Federation of Pakistan P L D 1957 Kar. 54 distinguished. (b) Government servant-Probationer and officiating appointee Distinction-Fundamental Rules, r. 9(6), Audit Instruction No. 2. A probationary appointment is a preliminary step towards the permanent appointment of a person to a particular post, that is, the appointee is taken on trial, so that if he is judged fit to hold the appointment, he is made permanent in the post, otherwise he is either discharged from service or sent back to his original post. An officiating appointment to a permanent post is made when the incumbent substantively holding the post is on leave, or when this post is vacant and no substantive appointment has yet been made to that post and the exigencies of the official business make it necessary that some person should be immediately appointed to discharge the function of this post. In such appoint ments there is ro intention to make the appointee permanent in the post if he is judged fit to hold that post, which intention is generally inherent in probationary…