Law: Constitution of Pakistan, 1973

Section: 212(3)

(a) North West Frontier Province Ad hoc Civil Servants (Regularization of Services) Act (II of 1987)   S. 3 Constitution of Pakistan (1973), Art. 212 (3) Civil servant’s promotion on temporary basis by way of stop gap arrangement Entitlement to regularization Leave to appeal was granted to consider effect of earlier of Supreme Court whereby case of civil servant was remanded to Tribunal to decide the same in accordance with provisions of North West 71 Frontier Province Ad hoc Civil Servants (Regularization of Services) Act,1987. The Commissioner, Peshawar Division CA. No. (b) North West Frontier Province Ad hoc Civil Servants (Regularization of Services) Act (II of 1987) ‘  S. 3 Promotion on temporary basis by way of stop gap arrangement Applicability of S. 3 of the North West Frontier Province Ad hoc Civil Servants (Regularization of Services) Act (II of 1987) Provision of S. 3 of the Act was only applicable to persons who were appointed on ad hoc basis but the same did not extend to persons who were promoted to officiate on temporary basis Civil servant being not ad hoc appointee could not claim benefit of S. 3 of the Act Service Tribunal had rightly maintained that civil servant was not an ad hoc appointee against the post which he was holding but had been promoted on temporary basis by way of stop gap arrangement, therefore, his service could not be regularized No interference was called for with such view of Service Tribunal. Khalilur Rehman, SDO, Irrigation v. Secretary, Irrigation and Public Health. Peshawar 1994 PLC (C.S.) 972 rel. JUDGMENT MAMOON KAZI, JThis appeal, by leave of this Court, arises out of the judgment of N: W.F.P. Service Tribunal dated 23 12 1992, dismissing 2. The brief facts of the case are that the appellant joined service as a Patwari on 18 2 1961. On 26 10 1971 he was selected as Qanungo and his appointment as such was regularised on 7 8 1976. On 5 4 1978 the appellant was promoted as Naib Tehsildar on ad hoc basis. The appellant was aggrieved because although he had been continuously serving in that position but he was not considered for regular appointment when in the meanwhile many junior persons were promoted.…

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