Pakistan Case LawTHE GOVERNMENT OF N.-W.F.P. through Secretary, Education and anothers
This matter concerns a petition for leave to appeal filed by the Government of N.-W.F.P. against a judgment of the Service Tribunal, N.-W.F.P., which had granted the respondent's claim for regularization of service from 19 March 1987. The respondent, initially appointed as a Junior Trade Instructor (Mechanical) on a stopgap basis, sought regularization under Section 3 of The N.-W.F.P. Ad hoc Civil Servants (Regularisation of Services) Act, 1987. The core legal question is whether the respondent, who held a post in BPS-14, was entitled to the benefits of the 1987 Act, specifically regarding the date of regularization. The petitioner contended that the Act's provisions, particularly when read with Rule 3(a) and the relevant Schedule, restrict the applicability of the regularization process to posts filled upon the recommendation of the Public Service Commission, which generally pertains to BPS-16 and above. The Supreme Court found that the Advocate-General’s argument regarding the interpretation of 'post' and the scope of the Act raised substantial questions of law requiring further examination. Consequently, the Court granted leave to appeal to determine the correct application of the statutory regularization criteria.
- Does Section 3 of The N.-W.F.P. Ad hoc Civil Servants (Regularisation of Services) Act, 1987 apply to civil servants holding posts below BPS-16?
- What is the definition of a 'post' under Section 2(1)(d) of The N.-W.F.P. Ad hoc Civil Servants (Regularisation of Services) Act, 1987?
- Are posts in BPS-14 subject to the regularization requirements mandated for posts filled by the recommendation of the Public Service Commission?
ORDER
FAZAL ILAHI KAHN, J.---Leave to appeal is prayed for by the Government of N.-W.F.P. Through Secretary, Education Department, Peshawar and another against the judgment of learned Service Tribunal, N.-W.F.P., Peshawar, in Appeal No, 93 of 1993.
Facts of the case in brief are that respondent was appointed as a Junior Trade Instructor (Mechanical) in BPS-10 on 5-11-1985 on stopgap arrangement. Pay scale was revised and he was given BPS-11 on ad hoc basis and subsequently on 27-10-1986 he was allowed BPS-14 w,e,f. 1-9- 1986. The Government of N.-W.F.P. Was pleased to regularise the services of the respondent from 29-10-1987 by the Selection Committee. However, on 5-12-1992 respondent submitted departmental representation claiming his regularisation from 19-3-1987, the date from which he was holding ad hoc appointment, under section 3 of .The N.-W.F.P. Ad hoc Civil Servants (Regularisation of Services) Act, 1987 (Act No,2 of 1987). As the representation had not been responded the respondent filed a Writ Petition which was dismissed on 22-12-1992 whereafter he approached the learned Tribunal claiming a right to be considered for regularisation from the date of the commencement of the Act i,e. 19-3-1987. The learned Tribunal vide judgment dated 23-8- 1993, against which leave to appeal is sought for, accepted the respondent's appeal. The learned Advocate-General appearing for the petitioner contended that section 3 applies to all civil servants holding ad hoc appointments to a post on or before 20th September, 1986. He further argued that "post" has been defined under section 2 (1) (d). A post under Government or in connection with the affairs of Government to be filled in on the recommendations of the Public Service Commission. Commission means North-West Frontier Province Commission. According to Rule 3 (a) alongwith the Schedule all the posts of BPS-16 and above are to be filled by the recommendation of the Public Service Commission. In the instant case the respondent having held the post in BPS-14, benefit of Rule 3 of the Act was therefore, not available to him. The above contention of the learned Advocate-General requires consideration. Leave is granted.
Judges on this bench
- Fazal Ilahi Khan582 judgments
- Wali Muhammad Khan585 judgments