Law:

Section:

(a) Service Tribunals Act (LXX of 1973)--- S. 4-Ad hoc appointment-Reversion from promotion-Ad hoc appointees required to pass qualifying examination and on not so qualifying liable to be reverted--Petitioner, ad hoc appointee, not passing such examination despite two chances having been given to him and consequently reverted to his previous post-Petitioner though could be allowed to continue on his post in discretionary exercise of powers by Government for reason of his inability to take qualifying examination due to his illness yet such fact by itself furnishes no right to petitioner to retain his post on ad hoc basis on such grounds as others, in circumstances similar to petitioner's allowed by Government to continue-Matter one for authorities to consider but furnishing only a compassionate and not legal support to claim of petitioner-Constitution of Pakistan (1973), Art. 185(3). Civil services]. (b) Constitution of Pakistan (1973)­ Art. 185(3)-Leave to appeal-Arguments advanced in support of petition not urged before Service Tribunal-Question of competency of authority passing order of reversion raised in grounds of appeal only indirectly-Leave to appeal, held, cannot be granted on grounds not urged before Service Tribunal. ORDER MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has been sought from order dated 15-4-1980 of the Central Service Tribunal, whereby the petitioner's appeal under section 4 of the Service Tribunals Act, 1973, was dismissed. The petitioner was serving as Assistant Incharge in the Ministry of Science and Technology when on 1st March, 1973, he was appointed promoted as Section Officer "temporarily on ad hoc basis" for a period of sic months, or "till the availability of regular candidate, whichever is earlier without prejudice to the right of his seniors". It vas clarified in the appointment order that the petitioner would have no right on the basis of this ad hoc appointment "to be encadred in the Central Secretariat Service or claim for seniority in the grade of Section Officers." It appears that no regular candidate was appointed to relieve the petitioner from his ad hoc appointment as Section Officer and he continued in this capacity…

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