| Case ID |
3b8a2e2b-1e69-495d-9891-a035f45d7806 |
| Body |
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| Case Number |
Civil Appeal No. 394 of 1992 |
| Decision Date |
Feb 27, 1994 |
| Hearing Date |
Feb 27, 1994 |
| Decision |
The appeal was dismissed as the appellants, who were promoted from lower cadre to the posts of Sub-Divisional Officers (S.D.O.s) on an ad hoc basis, were found not to be covered by the provisions of the North-West Frontier Province Civil Servants (Regulation of Services) Act. The court determined that the appellants were not appointed through initial recruitment as required for regularization under the Act. The court upheld the Service Tribunal's decision, affirming that the provisions of the Act did not apply to civil servants promoted on an ad hoc basis from lower ranks, thus denying their claim for regularization of services. |
| Summary |
In the case of Civil Appeal No. 394 of 1992, the Supreme Court of Pakistan addressed the issue of regularization of services for civil servants appointed on an ad hoc basis. The appellants, who were promoted from lower ranks to officiate as Sub-Divisional Officers, sought regularization under the North-West Frontier Province Civil Servants (Regulation of Services) Ordinance and Act. The court ruled that the provisions did not extend to those promoted on an ad hoc basis, emphasizing the importance of initial recruitment for regularization. This case highlights the complexities of civil service regulations and the interpretation of laws concerning ad hoc appointments, making it significant for future references in public service law. Keywords: civil servants, regularization, ad hoc appointments, Supreme Court of Pakistan, North-West Frontier Province, public service regulations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Public Service Commission,
North-West Frontier Province Government
|
| Judges |
SAAD SAOOD, JAN, ACTG. C.J.,
ABDUL QADEER CHAUDHRY,
SAEEDUZZAMAN SIDDIQUI, JJ
|
| Lawyers |
Qazi Muhammad Anwar, Advocate Supreme Court,
Abdul Hamid Qureshi, Advocate-on-Record (absent),
Anwar H. Mir, Advocate Supreme Court,
Haji MA. Qayyum, Advocate-on-Record (absent)
|
| Petitioners |
another,
KHALI LUR-REHMAN
|
| Respondents |
4 others,
SECRETARY, IRRIGATION AND PUBLIC HEALTH, PESHAWAR
|
| Citations |
1994 SLD 861,
1994 PLC 972
|
| Other Citations |
Not available
|
| Laws Involved |
North-West Frontier Province Civil Servants (Regulation of Services) Ordinance (I of 1987),
North-West Frontier Province Civil Servants (Regulation of Services) Act (I of 1988)
|
| Sections |
3,
2(1),
3,
2(1)
|