Direct recruit could claim seniority only from the date of his regular appointment

Citation Name : 2019 PLC(CS) 771 KARACHI-HIGH-COURT-SINDH
Side Appellant : MAJID AKHTAR
Side Opponent : PROVINCE OF SINDH through Chief Secretary New Sindh Secretariat Karachi
seniority ---Direct recruit could claim seniority only from the date of his regular appointment---seniority in service, cadre or post to which an official was promoted was to take effect from the date of regular promotion to that service, cadre or post and not from the date of any ad-hoc induction.

Citation Name : 2019 PLC(CS) 771 KARACHI-HIGH-COURT-SINDH
Side Appellant : MAJID AKHTAR
Side Opponent : PROVINCE OF SINDH through Chief Secretary New Sindh Secretariat Karachi
S. 5---Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, Rr. 10, 11 & 5---Ad-hoc appointment---Regularization of---seniority ---Determination of---Procedure---Retrospective regularization and promotion against the judgment of the Court---Effect---Private respondent was appointed on ad-hoc basis and thereafter his service was regularized retrospectively from the date of initial ad-hoc appointment---Service appeal was filed against said order of regularization of service of respondent and retrospective regularization was set aside---seniority and regularization of service of respondent was ordered to take effect from the date of order for regularization---Retrospective regularization and promotion of respondent was cancelled in compliance of judgment of Service Tribunal but same was again restored and orders of Service Tribunal were disobeyed---Validity---Impugned notification was in conflict with the decision of Service Tribunal whereby retrospective regularization and promotion was set aside---Department cancelled promotion of private respondent and regularization of service was given effect from the date of its regularization and not from the initial ad-hoc appointment---Appointment from BS-3 to BS-15 was to be made through Departmental Selection Committee after assessment of ability---No approval of Departmental Selection Committee was on record in the matter of respondent---Ad-hoc appointments were stop gap arrangement which were always made without adopting due process of law---Ad-hoc employee did not carry any vested right of regularization in service from the date of his induction---Period of ad-hoc appointment could not be counted towards service---seniority in grade was to take effect from the date of regular appointment to the post and could not be conferred retrospectively---Ad-hoc appointee would only be entitled to seniority from the date of his regularization and not from the date of initial ad-hoc appointment---Department could not sit in appeal against the findings rendered by Service Tribunal---No sanctity could be attached to the impugned notification which was unlawful---Discrepancies in the service record of respondent with regard to his appointment, regularization and promotion were on record---Respondent had been allowed promotion in violation of judgment of the Supreme Court---Quorum of Departmental Promotion Committee in which matter of promotion of respondent was approved was not complete---Recommendations of Departmental Promotion Committee were set aside and promotion of respondent was declared illegal---Respondent was neither entitled to retrospective seniority nor promotion---Employee could not claim promotion as a Fundamental or vested right---Impugned notification was set aside having no legal effect---Constitutional petition was disposed of accordingly.

Citation Name : 2019 PLC(CS) 771 KARACHI-HIGH-COURT-SINDH
Side Appellant : MAJID AKHTAR
Side Opponent : PROVINCE OF SINDH through Chief Secretary New Sindh Secretariat Karachi
Ad-hoc appointment---Scope---Ad-hoc appointment was stop-gap arrangement which was always made without adopting due process of law---Ad-hoc employee did not carry any vested right of regularization in service from the date of his induction---Period of ad-hoc appointment could not be counted towards service---seniority in grade was to take effect from the date of regular appointment to the post and could not be conferred retrospectively---Ad-hoc appointee would only be entitled to seniority from the date of his regularization and not from the date of initial appointment.

Citation Name : 2019 PLC(CS) 238 KARACHI-HIGH-COURT-SINDH
Side Appellant : ABDUL HALEEM SIDDIQUI
Side Opponent : FEDERATION OF PAKISTAN through the Law Secretary, Ministry of Law and Justice, Pakistan Secretariat, Islamabad
Arts. 212 & 199----Constitutional jurisdiction of High Court---Civil Service---Constitutional petition seeking relief for framing of service rules and seniority list----Relief seeking framing of rules and seniority list, prima facie, cannot be legally entertained by High Court being a matter relating to service structure and applicable rules.