| Citation(s) |
|---|
| 1991 SLG 751 1991 SLD 751 1991 SCMR 23 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No.312-R of 1989, decision dated: 11-02-1990(From the order of the N.W.F.P. Service Tribunal Camp Abbottabad, dated 29-1-1989, passed in Appeal No.197 of 1988)
S. USMAN ALI SHAH AND ABDUL QADEER CHAUDHRY, JJ
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Civil Petition for Special Leave to Appeal No.312-R of 1989, decision dated: 11-02-1990(From the order of the N.W.F.P. Service Tribunal Camp Abbottabad, dated 29-1-1989, passed in Appeal No.197 of 1988)
S. USMAN ALI SHAH AND ABDUL QADEER CHAUDHRY, JJ
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Dr. MUHAMMAD AKHTAR
THE SECRETARY, GOVERNMENT OF N.W.F.P., HEALTH and othersOCIAL WELFARE DEPARTMENT, PESHAWAR and others
Law:
Section:
Constitution of Pakistan (1973)---Art. 212(3)---North-West Frontier Province Civil Servants (Regulation of Services) Act (I of 1988), Preamble---Leave to appeal was granted to consider whether on basis of provisions of North-West Frontier Province Civil Servants (Regulation of Services) Act (I of 1988), petitioner had become a regular appointee and the holding of post of Senior Registrar and order of reversion of petitioner after introduction of Act was illegal, void and ultra vires of provisions of that Act. ORDER S. USMAN ALI SHAH, J.---Dr. Muhammad Akhtar petitioner was serving as Medical Officer, in Health Department, Government of N: W.F.P. in (BPS-17), posted at District Headquarters Hospital, Abbottabad. He was promoted and appointed as Senior Registrar (BPS-18) vide Notification NO.SO(H)IV/262/70, dated 13-1-1987 on ad hoc basis and was posted at Khyber Hospital, Peshawar for a period of six months or till the availability of a regular selectee of N.-W.F.P. Public Service Commission, whichever is earlier. After the expiry of six months the regular incumbent of the post returned from deputation abroad and the petitioner was reverted and reposted to District H.Q., Hospital, Abbottabad vide order dated 27-2-1987. The petitioner again on the recommendation of Hospital Selection Committee was appointed on ad hoc basis ,as Senior Registrar (BPS-18) in the specialty of ENT at the same Hospital vide Government Notification No.SO(H)IV/262/70, dated 25-6-1987 against a regular post. On the introduction of the N.-W.F.P. Act No. I of 1988 the petitioner…
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