Law:

Section:

Sindh Civil Servants (Regularisation of Ad hoc Appointments) Act (XIX of 1994)-------S.3---Constitution of Pakistan (1973), Arts. 199, 2A, 18 & 25--­Constitutional petition---Regularisation of ad hoc appointment---Civil servant who was a Law Graduate was appointed as Assistant Director on ad hoc basis for six months, but said period of six months later on was extended to two years---At time of appointment of civil servant no rules of recruitment were in force in the Department but during service of civil servant vide notification, method, qualification and other conditions for appointment were laid down according to which minimum educational qualification for post held by civil servant was prescribed as M.A. in IInd Division---Civil servant lacked the prescribed educational qualification at the time notification prescribing educational qualification was issued---Rules prescribed vide notification being very much applicable in the case of civil servant he could not validly claim immunity from said rules on the pretext that at the time of his initial appointment on ad hoc basis said rules were not in force---Special Committee constituted under Sindh Civil Servants (Regularisation of Ad hoc Appointments) Act, 1994, for limited purpose, had un-authorisedly issued recommendations for extension of period of ad hoc appointment of civil servant and also allowed him further time for acquiring requisite qualification as Committee had no jurisdiction to do so---Powers of ad hoc appointments had been conferred basically as a stop-gap arrangements pending recruitment on the post in accordance with method prescribed under the law---Practice of repeated extensions of terms of ad hoc appointment, in such circumstances, could not be approved because such practice if continued, would divert the course of regular appointments and same would also be violative of the spirit of Arts.2A, 18 & 25 of Constitution of Pakistan (1973)---Civil servant was not entitled for regularisation of service as prayed for by him. Abdul Jabbar Memon and others' case 1996 SCMR 1349 ref. Abdul Ghafoor Mangi for Petitioner. Muhammad Qasim Mirjat, Addl. A.-G. for Respondents Date of hearing: 27th…

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