Law: Sindh Civil Servants Act, (XIV of 1973)

Section: 2,4

Law: Constitution of Pakistan, 1973

Section: 185(3),199,212(3),21

(a) Constitution of Pakistan (1973)--- ----Art. 185(3)---Ad Hoc Appointment Regulation Order (M.L.O. 55 of 1978), para.2(a)(iii)---Leave to appeal was granted to examine question whether ad hoc appointment of petitioner had not on the strength of the orders passed from time to time, matur9d into a regular appointment so as to get excluded from the ambit of Ad Hoc Appointment Regulation Order (M.L.O. 55 of 1978). (b) Sindh Civil Servants Act (XIV of 1973)--Ss. 2 & 4---Ad Hoc Appointment Regulation Order (M.L.0.55 of 1978), para. 2(a)(iii)---Sindh Public Service Commission (Functions) Rules, 1974, R.5---Ad hoc appointment---Definition of "ad hoc appointment" given in para.2(a)(iii) of Ad Hoc Appointment Regulation (M.L.O. 55 of 1978) would prevail against )definition of "ad hoc appointment' given in Sindh Civil Servants Act, 1973---Post held by appellant/civil servant having been excluded from the purview of Sindh Public Service Commission (Function) Rules, 1974 by Chief Minister, would directly come within the definition of ad hoc appointment as provided in para.2(a)(iii) of Ad Hoc Appointment Regulation Order (M.L.O. 55 of 1978). (c) Siridh Service Tribunals Act (XV of 1973)--- ----S.4---Constitution of Pakistan (1973), Arts.199 & 212(3) ---Constitutional petition---Competency---Order directing removal of petitioner/civil servant passed by Martial Law Administrator was final order---Such final order relating to terms and conditions of service of petitioner/civil servant was appealable in a forum having exclusive jurisdiction in the matter under Art.212(3) of Constitution of Pakistan which was Service Tribunal---High Court, thus was left with no jurisdiction in the matter---Constitutional. petition filed by petitioner/civil servant, was not competent. (d) Sindh Service Tribunals Act (XV of 1973)--- ----S. 4---Constitution of Pakistan (1973), Arts.199 & 212---Appeal against order of Competent Authority---Constitutional jurisdiction---Exercise of--­Contention that as Service Tribunal had exclusive jurisdiction only against final orders passed by Competent Authority, orders which were not final and were not appealable before Tribunal, could be…

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