Case Details

Citation(s)
1985 SLG 1817 1985 SLD 1817 1985 PLC 386
Federal Service Tribunal, Islamabad
Appeal No. 86(R) of 1983, decided on 4th November, 1984.
MR., JUSTICE SHAH ABDUR RASHID, CHAIRMAN AND A.O. RAZIUR RAHMAN, MEMBER

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SHER AFZAL

VS

ADDITIONAL SECRETARY, KASHMIR AFFAIRS AND NORTHERN AFFAIRS DIVISION and 2 others

Law:

Section:

Civil service-- --- Seniority--Ad hoc appointment--Does not amount to recruitment-­Appellant appointed as Sub-Judge on ad hoc basis for 6 months till availability of suitable candidates by Public Service Commission--­Appellant also selected among others by Public Service Commission and figuring at number 4 on merit list--Claiming seniority on basis of date of appointment on ad hoc basis or date of selection by Commission--Claim rejected by Service Tribunal and seniority on basis of merit assigned by Public Service Commission upheld--Service Tribunals Act (LXX of 1973), S. 4. M.S. Siddiqi for Appellant. Shahudul Haque, State Counsel for Respondents Nos. 1 and 2. Mian Tariq Mahmood for Respondent No. 3. Date of hearing: 15th August, 1984. . JUDGMENT A.O. RAZIUR RAHMAN (MEMBER).-- The appellant was appointed to officiate as Sub-Judge, on ad hoc basis for a period of 6 months or till the availability of a suitable candidate by the Federal Public Service Commission, by an order dated 17-12-1973, issued by the Commissioner for Northern Areas, Gilgit. After some time, i.e. on 4-6-1974, the F.P.S.C. recommended the names of 4 applicants for the post of Sub-­Judge in the Northern Areas, after having interviewed the candidates who had applied for the post, in response to an advertisement published by the Commission in this behalf. These persons were selected out of a total of 8 applicants for 5 posts and the appellant was one of them. By an order dated 21-12-1974, issued by the Kashmir Affairs and Northern Affairs Division, Islamabad, these persons were formally appointed as Sub-Judges in the Northern Areas (Grade 17) w.e.f. 13th December, 1978 or from the date they assumed charge of the post. On 12-9-1981, the appellant addressed a letter to the Chairman, F.P.S.C., Islamabad, requesting that his service as a Sub-Judge may be counted either from the date of his ad hoc appointment or at least from the date of recommendation by the F.P.S.C. It appears that this reference to the F.P.S.C. was not forwarded, presumably, because the matter was not within the jurisdiction of the Commission and the Estt. Division decided that since ad hoc appointment was a purely temporary…
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