| Case ID |
08709432-2c0a-4a64-8682-dcbd98a31f2e |
| Body |
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| Case Number |
Civil Appeal No. 634 of 1993 |
| Decision Date |
Jun 13, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal, affirming the decision of the N.W.F.P. Service Tribunal, which held that the appellant, Nasimullah, was not an ad hoc appointee as a Naib Tehsildar, but rather was promoted on a temporary basis through a stop gap arrangement. The court noted that the provisions of the North West Frontier Province Ad hoc Civil Servants (Regularization of Services) Act, 1987, were applicable only to individuals appointed on an ad hoc basis, and did not extend to those who were temporarily promoted. The court also highlighted that the Service Tribunal's previous ruling was consistent with the legal framework provided by the Act, which sought to regularize the services of civil servants appointed on an ad hoc basis. The court concluded that there was no basis for interference with the Tribunal's judgment and upheld the decision to dismiss the appellant's claim for regularization of service. |
| Summary |
This case revolves around the interpretation of the North West Frontier Province Ad hoc Civil Servants (Regularization of Services) Act, 1987, and its application to the case of Nasimullah, who contested his promotion as a Naib Tehsildar on ad hoc basis. The Supreme Court of Pakistan examined whether the provisions of the Act applied to Nasimullah, who argued for regularization of his service based on his temporary promotion. The court clarified that the Act was intended for civil servants appointed on an ad hoc basis and did not apply to those promoted temporarily. The judgment emphasized the legal distinction between ad hoc appointments and temporary promotions, leading to the dismissal of the appeal. This case highlights the importance of understanding the legal definitions and provisions of employment law within the context of civil service. Keywords such as 'ad hoc appointments', 'civil service regularization', 'Supreme Court Pakistan', and 'employment law' reflect the core issues addressed in this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
Khan, Jehangira,
Mamoon Kazi
|
| Lawyers |
Sardar Muhammad Aslam,
Imtiaz Muhammad Khan,
Tasleem Hussain,
Muhammad Munir Peracha,
Ejaz Muhammad Khan
|
| Petitioners |
Nasimullah
|
| Respondents |
Ejaz Muhammad Khan,
Board of Revenue, N. W.F.P, Peshawar,
Muhammad Munir Peracha
|
| Citations |
1995 SLD 386,
1995 SCMR 1545
|
| Other Citations |
Khalilur Rehman, SDO, Irrigation v. Secretary, Irrigation and Public Health. Peshawar 1994 PLC (C.S.) 972,
Muhammad Nihar v. The Commissioner, Peshawar Division
|
| Laws Involved |
Constitution of Pakistan, 1973,
North West Frontier Province Ad hoc Civil Servants (Regularization of Services) Act (II of 1987)
|
| Sections |
212(3),
3
|