Law:

Section:

Sind Civil Servants Act (XIV of 1973)- --Ss. 2 (a) & 8 (4), Sind Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, r. 10, Martial Law Order No. 55 (M.L.A. Zone C-1978), Constitution of Pakistan, 1962, Art. 179, Funda­mental Rules, S. 111, Ch. II, rr. 9 (3) (4) & 22-Ad hoc appoint­ment-Sind Civil Servants Act, 1973 and Sind Civil Servants (Probation, Confirmation and Seniority) Rules, 1975 - Not applicable to appointments retrospectively and no cases can be re-opened just because they do not conform to requirements of Act and Rules ibid-Act and Rules ibid have no application in respect of appointments made prior to their coming into force-Terms and conditions of service of civil servants prior to coming into force of Act and Rules ibid were governed by Fundamental Rules, and they enjoyed Constitutional guarantees under Constitution of Pakistan 1962-Terms "ad hoc appointment" and "regularisation of appointment" did not exist prior to coming into force of Act and Rules ibid-Services were of two kinds viz. "temporary" and "non-tempo­rary" and distinction was based on question of Constitutional guarantees not being available to temporary employees by virtue of Art. 179 of Constitution of 1962-Cadre as defined in r. 9 (4) of Fundamental Rules consisted of strength of service or part of service sanctioned as a separate unit of permanent or temporary posts-Post sanctioned without time limit a permanent post vide r. 9 (22) of Fundamental Rules and post sanctioned for a limited time was a temporary post as per r. 9 (3) of Fundamental Rules­-Appointment to a post could be (i) substantive, or (ii) on probation or (iii) on officiating basis-Substantive appointment to a temporary post for an undefined period was regarded as non-temporary and incumbant thereof was not hit by Art. 179 of Constitution of 1962-Foodgrain Inspector appointed on 28th October, 1972 as Ward Rationing Officer on temporary basis against clear vacancy of direct recruitment by relaxation of prescribed method of recruit­ment through Public Service Commission by order of Chief Minister who had powers to relax rules-Appointment treated as ad hoc on enforcement of M.L.O.-55 in 1978…

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