Law:

Section:

North-West Frontier Province Civil Servants (Appointment, Promotion and Transfer) Rules, 1989-------R. 10---Constitution of Pakistan (1973), Art.212---Policy decision--¬Retrospective effect---Initial appointments---Conditions of service--¬"Regular" or "contract basis" ---Respondents appeared before Public Service Commission and were selected--- Posts advertised were on regular basis but on appointment letters it was written on contract basis'---Such appointment letters were assailed before High Court in exercise of Constitutional jurisdiction---High Court allowed the petitions and declared the appointments on "contract basis" as void and ineffective---Plea raised by the Authorities was that after the process of recruitment was completed, it was decided in a meeting of Provincial Cabinet to make all fresh recruitments on contract basis---Validity---All posts fell within the purview of Public Service Commission and hence as per R.10 of North-West Frontier Province Civil Servants (Appointment, Promotion and Transfer) Rules, 1989, such initial appointments were to be made on the basis of examination or test to be conducted by the Commission---If the appointments were intended to be otherwise than on 'regular basis', the manner of recruitment could differently be determined by the Government under R.10(b) of North-West Frontier Province Civil Servants (Appointment, Promotion and Transfer) Rules, 1989---Process of recruitment was completed in the year 1999/2000 but subsequently on the basis of meeting of Provincial Cabinet held on 1.7.2001, it was decided to make all fresh recruitments on "contract basis" and not on "regular basis"---Such change was not permissible because any policy so made was bound to take effect prospectively and not retrospectively---High Court had rightly allowed the petitions and declared the 'contract basis' as void and ineffective--¬Leave to appeal was refused. Imtiaz Ali, Additional Advocate General, N.W.F.P. for Petitioners (in all C.Ps.). Qazi Muhammad Jamil, Senior Advocate Supreme Court with Haji Muhammad Zahir Shah, Advocate-on-Record for Respondents (in C.Ps. Nos.595-P, 596-P, 598-P, 600-P, 609-P and 619-P of 2003). Abdul Aziz Kundi,…

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