Law:

Section:

West Pakistan Minimum Wages Rules, 1962------R. 13---North-West Frontier Province Civil Servants (Regularization of Services) Act (I of 1988), S.3---Constitution of Pakistan (1973). Art. 185(3)-­Civil service--- Termination of service---Service of civil servant who was appointed on ad hoc basis against a temporary post, was terminated when his service stood regularized by operation of law---Termination of service was ordered on the allegation that his appointment had been made at the behest of Minister in violation of R. 13 of West Pakistan Minimum Wages Rules, 1962---Validity---Authority which had itself appointed civil servant could not be allowed to turn around to hold appointment of civil servant as void ab initio---Authority could not approbate or reprobate in same breath about same matter as having already taken the plea that civil servant's service stood regularized, could not plead subsequently that he was ad hoc/temporary whose services could be terminated at any time----Petition for leave to appeal before Supreme Court against order of High Court whereby order of Authority terminating services of civil servant was overruled, was dismissed, in circumstances. Talat Qayyum Qureshi, Additional Advocate-General, N.-W.F.P. and Haji M.A. Qayyum Mazher, Advocate-on-Record for Petitioners. Fateh Muhammad Khan, Advocate Supreme Court and K.G. Saber, Advocate -on-Record for Respondent. Date of hearing: 28th January, 1999. ORDER MUHAMMAD BASHIR JEHANGIRI, J.---This petition for leave to appeal is from the order of a learned Division Bench of the Peshawar High Court, Peshawar dated 12-6-1997 whereby Writ Petition No.l7 of 1995 filed by the respondent/civil servant was accepted and the impugned order of termination from service dated 1-1-1995 was annulled. 2. The facts of the case as they glean from the record are that the respondent who had obtained his degree in M.A. (History) was appointed on ad hoc basis vide order dated 30-8-1987 against a temporary post in the office of petitioner No.l. The respondent claimed that his services stood regularized by virtue of the provisions of N.-W.F.P. Civil Servants (Regularization of Services) Act (I of 1988) (hereinafter…

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