Law:

Section:

Balochistan Civil Servants Act (IX of 1974)-------Ss. 2(a) & 8---Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 1979, Rr. 10, 18' & 19---Balochistan Public Service Commission (Functions) Rules, 1987, R.5---Seniority---Civil servant was appointed on regular basis as D.S.P. on recommendation of Public Service Commission while the opposing civil servants were appointed on ad hoc basis---Opposing civil servants for regularization of their ad hoc appointments appeared before Public Service Commission on direction of Authority and participated in written test, but failed and Commission suggested to withdraw appointment orders of the opposing civil servants, but Authority regularized their service with retrospective effect despite the fact that said civil servants neither had filed any appeal nor representation in that respect---In earlier seniority list name of civil servant was above the names of the opposing civil servants, which list had attained finality, but in subsequent seniority list which was issued after regularization of ad hoc appointment of opposing civil servants, name of the civil servant was placed below the names of opposing civil servants showing them senior to civil servant---Opposing civil servants despite their failure in the written test were appointed and their services were regularized retrospectively---Such conduct of Authorities was highly objectionable and was worst type of favouritism--­Authority, though had power to relax, any rule or change its policy in any case or could regularize the ad hoc appointment with retrospective effect, but such exercise of power must not be in conflict with any .rule or law and also not at the cost of rights of any other person---Ad hoc appointment would not confer any right of seniority from the date of appointment nor the ad hoc appointment could become regular merely due to lapse of time ---Person appointed on regular basis was to be senior to one appointed on ad hoc basis even on a substantive post---Ad hoc appointee could continue in service till it was regularized but his appointment would 'not confer any right on him in respect of seniority from the date of his ad hoc…

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