Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 185(3)--Punjab Civil Servants Act (VIII of 1974), S.2(2)--Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, r. 4.--Regular appointment in prescribed manner--Selection for appointment by promotion to be made by Departmental Promotion Committee-­Promotion/Appointment made without consulting such Committee, held, not in accordance with law--Absence of Departmental Promotion Committee not to create a void nor to affect power of appointing authority though it affects nature of appointment made--Such appointment having been made by competent authority would be ad hoc and continue till a regular appointment is made. (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--Punjab Civil Servants Act (Viii of 1974), S.21--Appeal-­Competency of--Appellant's grievance being conversion of non-regular appointment into a regular appointment--Appeal, held, competent. ORDER SHAFIUR RAHMAN, J.--The petitioner, a civil servant, seeks leave to appeal against the judgment of the Lahore High Court dated 27-6-1982 whereby the order of the District Judge dated 17-3-1981 was held in tact in spite of holding that it was not competently passed and constitutional petition filed by him was dismissed on 8th of June, 1982 and its dismissal was maintained though on different grounds in the Intra-Court Appeal. The petitioner was employed as a Naib-Nazir in the ministerial establishment of the Senior Civil Judge when the promotion post of Civil Nazir fell vacant in the year, 1980. The Senior Civil Judge took up the case of promotion, considered all the eligible subordinates and the petitioner who was at No. 4 of the seniority list was preferred and appointed as Civil Nazir with immediate effect on 10-3-1980. The employee who was the senior most filed an appeal. The District Judge who allowed the appeal entertained it and the Senior Civil Judge was asked to elicit the opinion of the Departmental Promotion Committee and to decide the matter afresh by the end of the month. The petitioner then filed a constitutional petition. The learned Judge in the High Court held the view that the learned Senior Civil Judge, Gujranwala on 10th of…

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