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1981 PLC (C. S.) 616

GHULAM QADIR vs SECRETARY TO GOVERNMENT HEALTH DEPARTMENT, SIND

Citation1981 PLC (C. S.) 616
CourtSindh Service Tribunal
Case No.Appeal No, 7 of 1981
Date1981-04-21
Judge(s)Mushtaq Ali Kazi, G. A. Mughal, Walayat Ahmed Khan
ResultAppeal dismissed

ORDER

1. ' MUSHTAK ALI KAZI (CHAIRMAN).-The appellant was appointed as Drug Inspector on purely ad hoc basis for a period of six months by an order dated 29th May, 1980. By subsequent order dated 27th December, 1980 the period of ad-hoc appointment was extended for further six months with effect from 4th December, 1980, or till the selectee of the Sind Public Service Commission became available. The post had been advertised by the Public Service Commission and meanwhile Mr. Salahuddin Tunio was selected on regular basis by the Sind Public Service Commission and he - was appointed by the Government to assume charge of the post of Drug Inspector with immediate effect. Consequently by an order dated 7th January, 1981 the appellant was reverted to a lower grade post as Analytical Assistant in the Government Food Laboratory, Karachi.

2. ' It has been argued by Mr. Abdul Karim Ayub on behalf of the appellant that the selection by the Public Service Commission was not proper as they should have advertised the post for all the candidates belonging to rural or urban areas. That by advertising the post for rural areas only the chances for the appellant to apply for the post through Public Service Commission were shut off.

3. However the Service Appellate Tribunal is not concerned how the post should be advertised by the Public Service Commission or what policy should be adopted by the Government for initial recruitment of the candidates. The only question to be decided is whether the appellant had acquired any vested interest in the post which could be protected. Under section 11 WO of the Sind Civil Servants Act, 1973, if the appointment is made ad hoc terminable on the appointment of a person on the recommendation of the selection authority then the appointment of such person can be terminated by the Government without notice when a regular appointment is made by such selection. In this case the Government had appointed Mr. Salahuddin Tunio by regular selection held by the Public Service Commission and he was posted Vice the appellant who was holding the post on ad hoc basis. Instead of terminating the services of the appellant, the Government offered him another post of Analytical Assistant grade 9 on compassionate grounds.

4. ' The ad hoc appointee for a fixed term or till a regular candidate is appointed, has no rights protected under the Constitution or under any Statute. In the result the appeal is not maintainable and is dismissed in limine.

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