Law:

Section:

(a) North-West Frontier Province Civil Servants (Regularization of Services) Act (I of 19811)-----S. 3---Clearance of civil servant by the Public Service Commission was not necessary as condition precedent for taking benefit under the Act. (b) North-West Frontier Province Civil Servants (Regularization of Services) Act (1 of 19138)- ----S.3---Words "selected before the commencement of this Act" would apply to the preferential right of appointment of a person other than respondent (appellant). (c) North-West Frontier Province Civil Servants (Regularization of Services) Act (I of 1988)- ----S.3---Preferential right of appointment---Conditions to be satisfied. Haji M. A. Qayum Mazhar, Advocate Supreme Court; Advocate-onRecord for Petitioners. Shah Abdur Rashid, Advocate Supreme Court and Ejaz M. Khan, Advocate-on-Record for Respondent No.l. Respondent No.2 in person. Date of hearing: 4th February, 1992. ORDER MUHAMMAD AFZAL ZULLAH, CJ.---This order should be read in continuance of the order dated 25-5-1991 in Civil Appeal No.73 of 1990. In this review petition, the question raised is limited to the interpretation of section 3 of the North-West Frontier Province Civil Servants (Regularization of Services) Act, 1988. The relevant provision thereof reads as follows:- "3. Notwithstanding anything contained in any law or rule for the time being in force, but subject to preferential right of appointment of a selectee of the Public Service Commission, if any selected before the commencement of this Act, all civil servants holding appointment to a post on ad hoc basis in any Department of Government immediately before the commencement of this Act shall be deemed to have been selected for appointment on regular basis on the commencement of this Act Provided that-_----------------------------- The learned counsel for the Review petitioner firstly remained under a wrong impression as if the clearance of the respondent (successful appellant in this Court) by the Public Service Commission was necessary as condition precedent for his taking benefit under this Act. Soon after the commencement of the arguments he realised that the words "selected before the commencement of this…

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