| Case ID |
44eefca2-3f28-4f44-955b-f02959f53114 |
| Body |
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| Case Number |
Civil Appeals Nos. 108/K and 109-K of 1989 |
| Decision Date |
Dec 23, 1992 |
| Hearing Date |
Dec 15, 1992 |
| Decision |
The Supreme Court of Pakistan dismissed the appeals presented by Syed Saghir Ahmad Naqvi against the Province of Sindh. The court held that the ad hoc appointment of the petitioner had not matured into a regular appointment and thus fell under the ambit of the Ad Hoc Appointment Regulation Order. The court emphasized the exclusive jurisdiction of the Sindh Service Tribunal regarding the terms and conditions of service, asserting that the High Court had no jurisdiction over the matter. The Court also clarified that the definition of ad hoc appointment in the Ad Hoc Appointment Regulation Order prevails over any conflicting definitions in the Sindh Civil Servants Act. Consequently, the appeals were found without merit and dismissed without any order as to costs. |
| Summary |
The case revolves around the legal intricacies of ad hoc appointments within the framework of Pakistan's constitutional and administrative laws. The Supreme Court addressed significant issues regarding the nature of ad hoc appointments, the authority of the Sindh Public Service Commission, and the jurisdiction of service tribunals. The decision reaffirms the principle that ad hoc appointments must comply with the specific regulations outlined in Martial Law Order No. 55. The ruling clarified that the High Court lacks jurisdiction in matters where a final order had been issued by a competent authority. This case underscores the importance of adhering to procedural regulations and the interpretation of legal definitions in employment law within the civil service context. Keywords related to public service, judicial authority, ad hoc appointments, and constitutional law are essential for understanding the implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
ABDUL SHAKURUL SALAM,
SALEEM AKHTAR
|
| Lawyers |
Rehamul Hassan Farooqi instructed by Muzaffar Ali Khan Advocate-on-Record,
R.A. Qureshi, Advocate-on-Record
|
| Petitioners |
Syed SAGHIR AHMAD NAQVI
|
| Respondents |
PROVINCE OF SINDH through Chief Secretary, S&GAD, Karachi and another
|
| Citations |
1996 SLD 695,
1996 PLC 803
|
| Other Citations |
Muhammad Azhar v. General Manager (Operation), Power, WAPDA PLD 1990 Lab. 352,
Abdul Kabir Qureshi and 3 others v. The Accountant General, Azad Jammu and Kashmir, Muzaffarabad and 2 others PLD 1986 Azad J&K 239,
Federation of Pakistan and another v. Malik Ghulam Mustafa Khar PLD 1989 SC 26,
Malik Ghulam Mustafa Khar and others v. Pakistan and others PLD 1988 Lah. 49,
Muhammad Bachal Memon v. Government of Sindh through Secretary, Department of Food and 2 others PLD 1987 Kar. 296,
Federation of Pakistan through the Secretary, Establishment Division, Government of Pakistan, Rawalpindi v. Saeed Ahmad Khan and others PLD 1974 SC 151,
The State v. Zia-ur-Rahman and others PLD 1973 SC 49,
Mumtaz Hussain alias Butta v. Chief Administrator of Auqaf, Punjab, Lahore and another 1976 SCMR 450
|
| Laws Involved |
Constitution of Pakistan (1973),
Sindh Civil Servants Act (XIV of 1973),
Sindh Service Tribunals Act (XV of 1973)
|
| Sections |
185(3),
2,
4,
4
|