Law:

Section:

(a) Civil Service-------"Contractual service and "regular service" ---Distinction---Contractual appointment is for a specific period and cannot be equated to that of regular appointment---Contractual appointment and regular appointment are neither synonymous nor interchangeable terms--­Contractual appointment is subject to the terms and conditions as enumerated in the contract executed between the employer and the employee while regular appointment is subject to service laws and rules governing the service and the question of its. applicability depends upon the terms and conditions of the appointment---Employees who are appointed on contract basis are entirely a distinct class and they do not belong to any integrated service---Line of distinction is to be drawn between service under the rules and contract service. Ghulam Sarwar v. Pakistan PLD 1962 SC 142 ref. (b) Service Tribunals Act (LXX of 1973)----- ----S.4---Establishment Division O.M. No.8/8/90-A-B-2, dated 27.1.1990---Constitution of Pakistan (1973), Art.212(3)---Seniority, fixation of---Counting of service on contract basis towards regular one--­Grievance of civil servant was that his period of service on contract basis had not been counted towards his service when converted on regular basis---Validity---Contractual appointment was not a regular appointment and the period of service rendered on contract basis could not be equaled to that of regular service---Contract service of the civil servant was not counted towards regular service due to the then prevalent policy---Civil servant had accepted the terms and conditions of his contractual appointment and therefore, the question of his appointment on regular basis did not arise---Acceptance by civil servant amounted to exercise of his option which once exercised was to be considered as final in view of the policy as enumerated in Establishment Division O.M. No.8/8/90-A-B-2, dated 27.1.1990---Conclusion arrived at by the Service, Tribunal being well based did not call for any interference---No question of law of public importance having been involved in the matter, leave to appeal was refused. Sh. Masood Akhtar, Advocate-on-Record for petitioner. Nemo…

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