Law: Sind Civil Servants (Appointment, Promotion and Transfer) Rules, 1974

Section: 11

Sind Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 R. 11-Departmental Selection Committee not existing at time and appointments made under delegated powers by competent authority- Such appointments cannot be said to be in violation of any prescribed method of appointment and do not fall within purview of Martial Law Order, 1977 [M. L. A. (Zone C)] No. 55.]. Date of hearing : 18th, 19th, 20th, 21st, 25th, 26th, 27th, February; 2nd, 3rd March; 8th, 10th, 24th April; 6th, 15th, 16th, 20th, 21st, 22nd, 23rd, 27th and 29th May 1979.                                                                                                               JUDGMENT I. MAHMUD, J.-This judgment will dispose of Constitutional Petitions Nos. D-1429 and D-1457/78 as they raise common question and facts of law. 2. In Petition No. D-1429-78, the petitioner Muhammad Alam Khoso and in. Petition No. D-1457/78 the petitioner Muhammad Hassan Dharae were appointed as Sub-Engineers in Grade 11 on 9th May 1974 and 30th July 1976, respectively on purely temporary basis. Under their letters of appointment, the services of the petitioners were liable to be terminated at any time without any notice or assigning any reason therefor. Under section 11 of the Sind Civil Servant (Appointment, Promotion and Transfers) Rules, 1974, initial appointments to posts in Grades 1-15 shall be made on the recommendation of the Departmental Selection Committee after the vacancies in Grades 3 to 15 have been advertised in newspapers. It appears that at the time of the appointment of the petitioners, no Depart mental Selection Committee existed and their appointments were made under. Delegated Powers, by the Chief Engineer, Irrigation, Sukkur Division. Upon the promulgation of the M. L. O-55, the ad-hoc appointments of both the petitioners were reviewed under paragraph 3(iii) of Part I by the Divisional Committee, Sukkur Division…