| Citation(s) |
|---|
| 1991 SLG 1593 1991 SLD 1593 1991 PLC 353 |
Service Tribunal, N.W.F.P.
Appeals Nos.43 and 50 of 1989, decision dated: 15-01-1990.
SAHIBZADA MUHAMMAD FARIDUN KHAN AND TAJ MUHAMMAD KHAN, MEMBERS
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Appeals Nos.43 and 50 of 1989, decision dated: 15-01-1990.
SAHIBZADA MUHAMMAD FARIDUN KHAN AND TAJ MUHAMMAD KHAN, MEMBERS
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FARMAN ILAHI
VS
GOVERNMENT OF N.W.F.P and others
Law:
Section:
(a) Civil service--- --- Appointment as stop-gap arrangement to a post cannot establish entitlement to regular appointment to said post even after working for more than 12 years on ad hoc basis unless ad hoc appointee fulfilled required conditions prescribed under Rules. (West Pakistan Tehsildars and Naib Tehsildars Service) Rules 1962, R.13. (b) Civil service-- --- Age relaxation--Relaxation in upper age limit, held, was in the discretion of Government and could not be claimed as of right--Age relaxation could be granted in individual and hardship cases. (c) Civil service--- --- Promotion--Selection--Record showing that four vacancies of Naib-Tehsildar had occurred 10/12 years before selection of appellant on regular basis but he was not promoted due to his being an ad hoc appointee--Had Selection Committee been constituted in time appellant could have been regularised much earlier and no question of age relaxation also would have arisen--Case of appellant being a hardship case required reconsideration by Government--Case was thus remanded for said purpose. Ghulam Naqshband for Appellant (in both the Appeals). Muhammad Latif Khan, Special Government Pleader for Respondents No.2 and 3 (in Appeal No. 50 of 1989). Syed Arif Shah, Special Government Pleader for Respondents (in Appeal No. 43 of 1989). ORDER SAHIBZADA MUHAMMAD FARIDUN KHAN (MEMBER).--This judgment will dispose off Appeals Nos.43 of 1989 and 50 of 1989 as common question of Law and fact is involved in both the appeals. Farman Ilahi was appointed field Kanungo in 1968. He qualified "Kanungo Departmental Examination" on 30-7-1973. The appellant was promoted officiating NaibTehsildar as stop gap arrangement on 8-11-1976 who later on qualified the prescribed examination of Naib-Tehsildar held in January, 1982. He served as Naib-Tehsildar on ad -hoc basis for more than 12 years. During the period of about 11 years commencing from 1979 till 1988 no Departmental Selection Committee was constituted to regularise his service. It was only in 1988 that a Departmental Selection Committee was constituted and selection of the appellant was ordered on regular basis on 19-9-1988 and that too subject to relaxation…
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