Case Details

Citation(s)
1981 SLG 2037 1981 SLD 2037 1981 PLC 90
Sindh High Court
Constitutional Petition No. D-1122, 1247 and 1328 of 1978, decided on 7th August, 1979.
I. MAHMUD AND ZAFFAR HUSSAIN MIRZA, JJ

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SHAKEEL FAIYAZ AND OTHERS

VS

PROVINCE OF SIND AND 3 OTHERS

Law:

Section:

Ad Hoc Appointments Regularisation Order [M. L. O. SS (Zone Ca)]-- Para: 2(a)(i) and West Pakistan Education Service [(Class It Collegiate Branch) (Men's Section)] Rules, 1962, rr. 5, 6(1) & 13--Ad hoc appointments-Initial temporary appointment duly regularised and persons confirmed in permanent appointment by appointing authority to accordance with Service Rules-Review of such appointments by Public Service Commission, held, without lawful authority. Zaheeruddin Khan for Petitioner. Usman Ghani Rashid, A. G. (Sind) and Abbas Farooqi for Respondent. 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. D-1122, 1247 and 1328 of 1978 raise common questions of law and fact and were heard together. They will be decided by this judgment. 2. In C. P. No. D-1122/78, the petitioner Shakeel Faiyaz was appointed as Instructor (Islamiat) on 21st March, 1968 on ad hoc basis merely as a stopgap arrangement for a period of 6 months or until the appointment of a candidate selected by the West Pakistan Public Service- Commission, whichever was earlier. As no such candidate was selected by the Commission„ the appointment of the petitioner was regularised under Sind Government Notification dated 18th December, 1973 with effect from 1st April, 1968, "in relaxation of the provisions of -the relevant Service Rules, conditions of appointment and/or the decision to refer these cases to the Provincial Education Council". Thereafter on the basis of the regularisation, the petitioner was confirmed with effect from 1st July, 1974 in the pest of instructor (Islamiat) in Government Commercial Training Institute, Malir, Karachi as notified in the Sind Government Gazette, dated 7th April, 1977. Upon the promulgation of Martial Law Order 55, called the "Ad hoc Appointments Regularization Order" dated 7th March, 1978 the petitioner's name was included in the list "ad hoc appointees" and he was directed to appear for interview before the Sind Public Service Commission, Hyderabad on 10th July, 1978. The petitioner, accordingly…
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