Law:

Section:

(a) Punjab Civil Servants Act (VIII of 1974)-, -- S. 4 read with West Pakistan Secretariat (Section Officers) Service Rules, 1962, r. 5 (b) [as amended on 16th July, 1973]­Appointment on regular basis-Can be made only in prescribed manner-Plenary powers of Governor do not come within purview of mandatory provisions of S. 4 of Punjab Civil Servants Act, 1974­Section Officers promoted on ad hoc basis having not passed Depart­mental Examination a condition precedent for promotion and thus superseded for that reason by those having passed requisite examination-Governor, held, could not grant approval for regu­larisation of ad hoc appointment of such Section Officers retrospec­tively from dates of their ad hoc appointment which was on devia­tion of prescribed rules. 1982 S C M R 408 ; 1983 P L C (C. S.) 247 ; 1980 P L C (C.S.T.) 134 ; 1982 P L C (C. S.) 194 and 1980 P L C (C. S. T.) 319 ref. 1980 S C M R 11 and 1982 S C M R 888 rei. (b) Punjab Service Tribunals Act (IX of 1974)- S. 4 read with Punjab Civil Servants Act (VII of 1974), S. 2 (1) & (2)-Limitation-Appeal against order regularising ad hoc pro­motion retrospectively- Plea that original ad hoc promotion order not having been challenged appeal against subsequent order of regu­larisation with retrospective effect same ad hoc promotion was not maintainable-Promotion found violative of rules-Plea, in circum­stances, repelled-Held : Whether nature of appointment was regular or not has to be determined by law. (c) Punjab Service Tribunals Act (VIII of 1974)- 5. 4 (1), proviso (b)-Appeal involving determination of seniority as a result of regularisation of ad hoc promotion retrospectively­ Fitness for promotion already determined by Departmental Promo­tion Committee and competent authority-Appeal, in circum­stances, held, not hit by proviso (b) and same, held, maintainable. 1982 S C M R 408 and Muhammad Ashraf v. Secretary, Agriculture Department 1981 P L C (C. S.) 731 rel. Masud Ahmad Riaz for Appellants. A. G. Humayun, District Attorney for the Department. Muhammad Rashid Malik for Respondent No. 7, D. M, Awan for Respondent No.. 8. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-M/S. Rustam Ali, Ch. Yusaf Ali,…

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