Law:

Section:

Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974-------Rr. 2, 3, 4, 5 & 11---Ad hoc appointment---Regularization---Civil servants were originally appointed on ad hoc basis against leave vacancies--­Appointing Authority subsequently suggested the ad hoc appointments be regularized in relaxation of rules/procedure laid down in Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, which proposal was approved by the Chief Minister of the Province---Nothing either in Sindh Civil Servants Act, 1973 or Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 empowered Chief Minister to approve appointment of civil servant (in B.3 to B.15) in relaxation of prescribed procedure i.e. without recommendation of Departmental Selection Committee---Appointing Authority had, thus, wrongly suggested and Chief Minister had wrongly approved ad hoc appointments of civil servants by relaxing prescribed rules/procedure--­Competent Authority, therefore had rightly called civil servants to appear for regularization of their appointments before Departmental Selection Committee. PLD 1987 SC 304; Syed Saeed Jafri v. Federation of Pakistan C.P. No.D-283 of 1992; 1985 PLC (C.S.) 553; PLD 1992 SC 184; PLD 1970 SC 453; 1985 SCMR 1753; PLD 1976 Kar. 253; 1977 SCMR 371; PLD 1994 Kar. 480; 1989 MLD 1379; 1995 SCMR 516; PLD 1969 SC 407; 1962 SCMR 1420; 1981 SCMR 52-3; PLD 1964 SC 503; 1992 SCMR 1652; 1997 SCMR 15; PLD 1973 SC 589- AIR 1949 FC 135; AIR 1981 SC 1284; 1992 SCMR 1652; PLD 1984 Kar. 522 and PLD 1980 Kar. 459 ref. Ahmed Yousuf Rizvi for Appellants (in Appeals Nos. 77, 78 and 79 of 1996). Raja Haq Nawaz Khan for Appellant (in Appeal No.50 of 1996). S.M. Sayedain Zaidi, Asstt. A.-G., Sindh for the Official Respondents. Date of hearing: 21st January, 1998. JUDGMENT S. NASIM HAIDER (SENIOR MEMBER),--By this common judgment, the above said 4 (four) service appeals are disposed off, as these involve the common questions of facts and points of law under the Sindh Civil Servants Act, 1973 and rules framed, thereunder. The facts of these appeals, briefly stated are:-- Appeal No.77 of 1996: "(i) The appellant. (Mr. Noman Ahmad) was…

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