Law:

Section:

Constitution of Pakistan (1973)-------Art. 185 (3)---Regularization of ad hoc employees---Change of category---Ministry of Education prepared two categories of ad hoc employees for the purpose of their regularization---Civil servant was placed in category No.1 by Ministry, for her regularization---Federal Public Service Commission changed the category of civil servant and declined to recommend her for regularization---High Court in constitutional jurisdiction directed the authorities to treat the civil servant in the category in which she was placed by the Ministry---Validity---Authorities failed to justify changing of the category in which the civil servant was placed by the Ministry---Policy of regularization was made by Government and its concerned Ministry, a component of Government, was in better position to allocate proper category to its employees in the light of the policy---Supreme Court declined to take any exception to the order passed by High Court in its constitutional jurisdiction---Leave to appeal was refused. Nasir Saeed Sheikh, D.A.-G. and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Naseer Ahmad, Advocate Supreme Court for Respondents. Date of hearing: 25th July, 2005. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This petition under Article 185(3) of the Constitution has been directed against the judgment, dated 28-5-2003 passed by a learned Judge in Chambers of the Lahore High Court, Rawalpindi Bench in a constitution petition. 2. The facts in small compass giving rise to the petition are that the respondent No. 1 was appointed as senior teacher (English) on ad hoc basis, in 1989 under Regulation No.13 of Islamabad Model Schools and Colleges (Services Regulations, 1988) and later she was selected as Senior Teacher (English) on regular basis by a Selection Committee but due to ban on appointment, could not be appointed on regular basis and continued as ad hoc teacher. In 1994 the Federal Government introduced the policy of regularization of the employees who were appointed on ad hoc basis during the period from October, 1981 to December, 1990 and were classified into two categories for the purpose of regularization. The Ministry of Education,…

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