Law:

Section:

(a) Balochistan Civil Servants Act (IX of 1974) S. 2(1)(a) Constitution of Pakistan (1973), Art.212(3) Ad hoc appointment Concept District and Sessions Judge appointed on ad hoc basis could not become permanent incumbents of the office of District and Sessions Judge by efflux of time Principles. The words "ad hoc appointment" as defined by clause (a) of subsection (1) of section 2 of the Balochistan Civil Servants Act No.IX of 1974, mean the appointment of a, duly qualified person made otherwise than in accordance with prescribed method of recruitment, pending recruitment in accordance with such method. Such an appointment cannot be equated with regular appointment. It is meant for a particular object. The ad hoc appointment by its very definition, is of a qualified person but is not in accordance with rules prescribed for regular appointment for which the recommendation of the Public Service Commission is necessary. There is no rule which can entitle an ad hoc appointee to be confirmed in a vacancy during the subsistence of lien of another person on such vacancy. In some cases, it may continue unless regularized by the competent authority in accordance with law. By notification in the present case issued by the Government of Balochistan S&GAD the appointment of the petitioner as District and Sessions Judge (BS 19) was clearly expressed to be on ad hoc, basis for a period of six months or till regular selection was made by the Balochistan Public Service Commission, whichever was earlier. His ad hoc appointment was extended from time to time by notifications issued by the High Court of Balochistan by virtue of the powers delegated by the Government. His last extension of ad hoc appointment was to expire on 11 8 1999. According to the Service Rules the regular appointment against 25 % posts of the District and Sessions Judges were to be made by the initial recruitment on the recommendations of the Balochistan Public Service Commission with association of the Chief Justice. Therefore, it could not be said that the petitioner had become permanent incumbent of the office of District and Sessions Judge by efflux of time. Ad hoc appointment did not confer on an…

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