Case Details

Citation(s)
2003 SLG 602 2003 SLD 602 2003 SCMR 1269
Supreme Court of Pakistan
Civil Petitions Nos.3537 and 3764-L of 2001, decision dated: 25-04-2003
JAVED IQBAL AND KARAMAT NAZIR BHANDARI, JJ
Muhammad Riaz Lone, Advocate Supreme Court and C.M. Latif, Advocate-on-Record for Petitioner (in C.P. No. 3537-L of 2001) Kanwar Iqbal Ahmed Khan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners (in C.P. No. 3764-L of

NAZAR HUSSAIN and others

VS

DEPUTY DISTRICT EDUCATION OFFICER and others

Law:

Section:

Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974----- ----R. 22---Punjab Civil Servants Act (VIII of 1974), Ss.10 & 11--­Constitution of Pakistan- (1973), Art.212(3)---Ad hoc appointment--­Service subsequently regularized---Termination of service of such appointees on the ground that their services were regularized in an illegal manner and contrary to Rules---Validity---Regularization made in contravention of prescribed procedure could not be equated with that of "legal regularization" and in absence whereof the status of ad hoc or temporary appointees could not be changed unless regularized legally by adopting the prescribed procedure---Where the said procedure had not been followed, no legal right whatsoever had been created in favour of the ad hoc appointees which could refrain the Competent Authority from retracting their steps taken by them and accordingly the Competent Authority could remove the ad hoc appointees from service without assigning any reason and even without a show-cause notice and mere by afflux of time no ad hoc/temporary appointment could be converted to regular appointment till the prescribed procedure was followed--­Principles. The petitioners in the present case were appointed on ad hoc basis and subsequently regularized in an illegal manner and contrary to rules and thereafter their services were terminated being regularized in violation of the relevant law and procedure prescribed thereunder. The petitioners were appointed on ad hoc basis having no legal footings till regularization of their service which was to be made in accordance with the provisions as contained in sections 10 and 11 of the Punjab Civil Servants Act, 1974 read with rule 22 of the Punjab Civil Servants (Appointment and Conditions of Service) Rules 1974, which appears to be quite exhaustive in nature, comprehensive and capable enough to meet all sorts of eventualities concerning ad hoc appointments. On the touchstone of the criterion as stipulated in' the above mentioned Act and Rules made thereunder the case of petitioners had been examined whose appointment letter made it abundantly clear that they were appointed in a purely temporary…
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