Legal Case Summary

Case Details
Case ID 433f40b6-b2d9-4b4d-b16c-1c23531dd7c3
Body View case body.
Case Number Civil Petition No. 204 of 1993
Decision Date Oct 12, 1993
Hearing Date
Decision The Supreme Court granted leave to appeal to examine whether the petitioner's case was covered under Section 3 of the NorthWest Frontier Province Ad hoc Civil Servants (Regularization of Services) Act, 1987, which entitles him to the regularization of his services. The petitioner argued that he had been in ad hoc service prior to the specified cutoff date and deserved regularization. The Service Tribunal had ruled against him, claiming he was not a proper ad hoc appointee. The Court's decision to grant leave indicates a willingness to explore the nuances of civil service appointments and the rights of long-serving ad hoc employees. By granting leave, the Court acknowledged the importance of ensuring that civil servants are treated fairly and according to the law, especially in matters of service regularization.
Summary The case revolves around the entitlement of a civil servant, NASIMULLAH, for regularization of his ad hoc appointment as a Naib Tehsildar under the relevant law. The Supreme Court of Pakistan considered the implications of the NorthWest Frontier Province Ad hoc Civil Servants (Regularization of Services) Act, 1987, particularly Section 3, which addresses the rights of ad hoc employees for regularization. The Court's decision to grant leave for appeal underscores the significance of civil service regulations and the protection of employees' rights. The case raises essential questions about the treatment of civil servants, the criteria for regularization, and the judicial interpretation of existing laws. The involvement of experienced advocates signifies the complexity of the legal arguments presented, highlighting the need for clarity in civil service appointments. This case serves as a critical reference point for future civil service disputes, ensuring that similar cases are adjudicated with fairness and adherence to the law. Keywords include civil service regularization, ad hoc appointments, legal rights, and judicial review.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges SAJJAD ALI SHAH, WALI MUHAMMAD MIAN
Lawyers Sardar Muhammad Aslam, Advocate Supreme Court, Khan Imtiaz Muhammad Khan, Advocate-on-Record
Petitioners NASIMULLAH
Respondents 2 others, BOARD OF REVENUE, N.W.F.P.
Citations 1994 SLD 703, 1994 PLC 418
Other Citations Not available
Laws Involved NorthWest Frontier Province Ad hoc Civil Servants (Regularization of Services) Act (II of 1987), Constitution of Pakistan (1973)
Sections 3, 212(3)