Law:

Section:

Civil service-- ---Regularization of services---Appellants joined service as temporary lecturers on ad hoc basis in BPS-17 on 17-12-1987---Appointment order directed that candidates appointed in Colleges in hilly areas should take over charge on reopening of College after winter vacation---On issuance of North-West Frontier Province Civil Servants (Regularization of Service) Act, 1988 on 23-1-1988, all ad hoc appointees were regularised w.e.f. 23-1-1988---Services of all appointees were regularised except appellants on the pretext that they had not assumed charge of their posts and as such Director Education treated ad hoc appointment of appellants to have ceased in terms of S.5(1) of said Act and were reappointed on contract basis on 24-3-1989 for a period of one year---Held, services of appellants should have been regularised from date of their appointment to posts notwithstanding the fact that they could not assume charge due to winter vacation in Colleges in hilly areas where they were posted. Shahzada Shahpur Jan for Appellants. Said Bashar Khan, Government Pleader for Respondents. JUDGMENT QAZI HAMID-UD-DIN (CHAIRMAN).--Ahmad Jan, Isa Khan and Amanullah Khan have filed this appeal against the Chief Secretary, Secretary Education and Director of Education (Colleges). Government of N.-W.F.P. Peshawar wherein it has been averred that the appellants joined service in Education Department as temporary Lecturers on ad hoc basis in BPS-17 vide Notification No. S.O. (Colleges) 1-1/87/1-2/87, dated 17-12-1987 (copy Annexure `A' on the file). The appointments of the appellants were subject to the production of prescribed medical certificates from the Standing Medical Board. The appellants appeared before the Board and were declared medically fit. The respondent No. 3 transmitted the proceedings of the Medical Board to the respective District Accounts Offices for further necessary action. In the appointment order at S.No. 10 it has been provided that candidates appointed in the Colleges situated in hilly areas should take over charge on the reopening of the colleges after winter vacation. On 23rd January, 1988 N.-W.F.P. Civil Servants (Regularisation of Services)…

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