THE GOVERNMENT OF N.-W.F.P. through Secretary Education, Peshawar and another vs MUHAMMAD AYUB
This appeal arose from a judgment of the N.-W.F.P. Service Tribunal, which directed the regularization of the respondent's services as a Junior Trade Instructor (Mechanical) under the N.-W.F.P. Ad hoc Civil (Regularisation of Services) Act, 1987. The core legal question was whether the respondent, initially appointed on a stop-gap basis, qualified for regularization under Section 3 of the Act, and if so, whether such regularization should take effect from the date of the Act's promulgation (19-3-1987) rather than a later date. The appellants contended that the respondent's appointment did not meet the criteria for regularization and that the Act was limited to Gazetted Officers. The Supreme Court upheld the Tribunal's decision, holding that the respondent met the statutory requirements of Section 3, specifically noting that the Public Service Commission had not recommended any other person for the post. The Court affirmed that the Act applied to the respondent's position and mandated regularization effective from the date of the Act's commencement, rejecting the appellants' restrictive interpretation of the statute's scope.
- Does the N.-W.F.P. Ad hoc Civil (Regularisation of Services) Act, 1987 apply to non-gazetted civil servants?
- From what date does the regularization of services under the N.-W.F.P. Ad hoc Civil (Regularisation of Services) Act, 1987 take effect?
- Does the absence of a recommendation by the Public Service Commission for a post satisfy the requirements for regularization under Section 3 of the N.-W.F.P. Ad hoc Civil (Regularisation of Services) Act, 1987?
- Section 3, N.-W.F.P. Ad hoc Civil (Regularisation of Services) Act, 1987
- Section 1(2), N.-W.F.P. Ad hoc Civil (Regularisation of Services) Act, 1987
- Article 199, Constitution of Pakistan 1973
' SH. RIAZ AHMAD, J.---Leave to appeal was granted by this Court to the Secretary to the Government of N.-W.F.P, Education Department and another against the judgment and order dated 23-8-1993 delivered by the N.W.F.P. Service Tribunal whereby appeal preferred by the respondent was allowed and it was ordered that the services of the respondent be regularized under section 3 of the N.-W.F.P. Ad hoc Civil (Regularisation of Services) Act, 1987 (Act II of 1987), hereinafter referred to as the Act, with effect from the date on which the aforesaid Act was promulgated.
2. The facts in brief giving rise to the institution of this appeal are that on 5-11-1985 the respondent was appointed as Junior Trade Instructor (Mechanical) in BPS-10 and was posted at the Government Vocational Institute, Chakdara on stop-gap arrangement. The respondent continued to serve when in the meanwhile his pay scale was revised an he was granted BPS-11 on ad hoc basis. Vide letter dated 27-10-1986 issued by the Director, Technical Education, N.W.F.P., the respondent was upgraded in BPS-14 with effect from 1-9-1986. On 19-3-1987 the Government of N.W.F.P. Promulgated the aforesaid Act. Section 3 of the Act, having bearing on the issue falling for determination in this appeal, is reproduced hereunder:- "3. Regularization of services of certain civil servants. Notwithstanding anything contained in any law or rule, or in any decree, order or judgment of a Court, all civil servants holding ad hoc appointment to a post on or before 20th September, 1986, and continuing as such till the commencement of this Act, shall be deemed to have been validly selected and appointed to the posts held by them on regular basis with effect from the date of commencement of this Act: ' Provided that:-
(a) the services of such civil servants shall be deemed to have been regularised under this Act only on the publication of their names in the official Gazette;
(b) such civil servants possess the qualifications and experience prescribed for the posts; and
(c) the Commission has in respect of the posts held by such civil servants not recommended by other person on or before the commencement of the Act."
' On 5-12-1992 the respondent learnt that his services have been regularized from 29-10-1987 instead of 19-3-1987, i,e, the date of promulgation of the Act, which had to come into force at once.
The respondent then submitted a departmental representation to which no heed was paid and therefore, the respondent was constrained to invoke the constitutional jurisdiction of the Peshawar High Court under Article 199 of the Constitution, but his writ petition was dismissed on 30-3-1993.
The respondent after dismissal of the writ petition invoked jurisdiction of the N.W.F.P. Service Tribunal and it was prayed that his services be regularized with effect from 19-3-1987 instead of 29- 10-1987.
3. It was vehemently contended that the appointment of the appellants as Junior Trade Instructor (Mechanical) in BPS-11 on stop gap arrangement vide order dated 26-8-1986 was a fresh appointment and the respondent's case is not covered under section 3 of the Act. It was contended that the provisions of the Act were only attracted to the cases of those employees, who were in BPS-16 and the respondent being in Grade-14 could not take benefit. It was also contended that even the appointment of the respondent in BPS-14 vide order dated 24-10-1987 was also a stop gap arrangement and therefore, the service of the respondent as a stop gap arrangement cannot be counted towards his seniority.
4. We have heard the learned counsel for the appellants and the respondent at length and we are of the view that the judgment impugned postulates correct interpretation of section 3 of the Act. In fact clause (c) to the proviso to section 3 is fully attracted to the case of the respondent. It was frankly conceded by the learned counsel appearing on behalf of the appellants that no candidate had been recommended by the N.-W.F.P. Public Service Commission for the post held by the respondent. As far as the commencement of the Act is concerned, subsection (2) of section 1 lays down that the Act shall come into force at once i,e,. With effect from 19-3-1987, the date on which it was promulgated. Half-hearted attempt was made by the learned counsel for the appellants to contend that the Act governed only the cases of the Gazetted Officers, but we are not impressed by this argument because the same was not substantiated. As far as respondent is concerned, his case fully stands covered by the provisions of section 3 of the Act and therefore, the N.W.F.P. Service Tribunal rightly held that the respondent deserved to be regularized in service with effect from the date of promulgation of the Act with all consequential benefits. We do not find any flaw in the finding arrived at by the Service Tribunal. The judgment is not open to exception, therefore, we declined to interfere and hence this appeal is dismissed leaving the parties to bear their own costs.