Law: Constitution of Pakistan, 1973

Section: 199

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

Section: 11(3)

(a) Constitution of Pakistan (1973) Art. 199 and West Pakistan Food Department Subordinate Executive Recruitment Rules, 1962 -Civil service-Controversial questions of facts depending on number and date of posts and proportion of vacancies not filed region-wise, held, beyond scope of a Constitutional petition. (b) Sind Civil Servants Act (XVI of 1973) S. 11(3) and West Pakistan Food Department Subordinate Exe cutive Recruitment Rules, 1962 and Martial Law Order, 1977 [M. L. A. (Zone CA No. 55Civil servicesInitial appoint ments of petitioners not made substantively to any regular posts but merely appointments temporary or ad hoc to tempo rary posts liable to termination any time on 14 days' notice, without assigning any reason, not only as provided in their terms of appointment but also under S. 11 (3) of ActHeld : Appoint ments of petitioners clearly fell within meaning and definition of para. (a) (i) of M. L. O. 55 they being not made in accordance with Recruitment RulesCases of petitioners, held further, rightly referred to Divisional Committee under para. 3(iii) of Part I of M. L. O. 55 and no exception can be taken to termination of their appoint ments by appointing authority in exercise of powers conferred under para. 7(i) of M. L. O. 55. Dates of hearing : 18th, 19th, 20th, 21st, 25th, 26th, 27th, March; 2nd, 3rd, 8th, 10th, 24th, April; 6th, 15th, 16th, 20th, 21st, 22nd, 23rd, 27th and 29th May 1979.                                                                                                                        JUDGMENT I. MAHMUD, J.Constitutional Petitions Nos. D1386/78, D1387/78, D1388/78, D1389/78, D1390/78, D1391/78, D1392/78, D1393/78, D1422/78, D1651/78, D1670/78 and D1671/78, were heard together, as they raised common questions of fact and law, and will be disposed of this judgment. 2. Each of the petitioners in these twelve petitions, was…