Law: Constitution of Pakistan, 1973

Section: 212(3)

Constitution of Pakistan (1973)--Art.212(3)--Civil Servants Act (LXXI of 1973), S.8(4)--Adhoc appointment Seniority--Petitioner's plea, that Service Tribunal had misconstrued true nature and character of ad hoc appointment, in that, it has not appreciated that such appointment does not count towards length of service or for the purpose of promotion, finds support from Supreme Court's reported as 1982 S C M R 408, wherein it was held that ad hoc or temporary appointments do not confer any right to seniority--Leave to appeal was granted. Muhammad Afzal v. Government of Punjab 1982 S C M R 408 rel. Sajjad Ahmad Sipra, Deputy Attorney-General with Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 22nd June, 1988. ORDER ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of Federal Service Tribunal dated 7-1-1986 by which an appeal filed by respondent was allowed with the direction that his promotion from Grade B 17 to Grade 18 shall be deemed to have been made on regular base and not on acting charge basis but his seniority in service in Grade B-18 is to count 1 from 5-12-1981. 2. Facts of the case briefly stated are that the respondent was appointed as an Assistant Executive Engineer in Grade-17 on ad hoc basis with effect from 8-12-1971 for a period not exceeding six months subject to replacement by the Federal Public Service Commission. The post was purely temporary, and services could be terminated at any time without assigning any reason. There was another post in the same Grade which was filled in by the appointment of one Mr. Jehan Dad Khan on the same basis as the petitioner with effect from 1-1-1972. 3. It was then decided to fill in these two posts on regular basis and therefore the Federal Public Service Commission made the advertisement. There was another advertisement in the same connection in 197.1 but the respondent did not avail of this chance to get his appointment regularised by clearance through the Federal Public Service Commission. He also did not avail of yet another chance when the posts were advertised by the Public Service Commission in 1976. However his ad hoc appointment…

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