Moazzam Hayat, Member.--Appellant Waheed Akhtar was a Naib Qasid in the office of Director General Geological Survey of Pakistan. On 16.08.2010 he submitted a departmental appeal for protection of his pay which he was drawing in Geoscience Lab. Since his claim was not being decided he was constrained to file Writ Petition No, 39/2012. A direction was issued by the High Court on 10.01.2012 that his petition be decided within one month. The petition was not being decided within one month, he, therefore, opted to submit a second departmental appeal on 16.01.2012 in which it was prayed by him that the Court order dated 10.01.2012 be implemented. His request was rejected on 09.02.2012 on the ground that his previous contractual service was not protected by law.
2. The appeal is resisted by the respondents. It is stated that the appellant was not entitled to pay protection since he earlier was on contract.
3. We have heard the learned counsel for the appellant and departmental representative of respondents. The record has also been perused by us.
4. We have seen the office order dated 01.01.1993 by which the appellant was appointed on adhoc basis in the Geo-Science Lab under Geological Survey of Pakistan. Adhoc appointment is defined by Section 2-A of the Civil Servants Act, 1973. Such an appointment means appointment of a duly qualified person made otherwise than in accordance with the prescribed method of recruitment, pending recruitment in accordance with such method. The appellant was not appointed on contract but was appointed on adhoc basis. His appointment was made in a subordinate office of the Geological Survey of Pakistan. Serial No, 158 Esta Code 2007 Volume-I Page 243 says that benefit of adhoc service has to be given for reckoning length of service required for promotion. If length of service of an adhoc employee is recognized, his such service has also to be recognized for pay protection and for pensionary benefits.
5. The appellant had worked on adhoc basis in a subordinate office of the Geological Survey of Pakistan. His pay was to be protected. Such protection was required for fixation of his pension also in addition to determination the length of service required for promotion.
6. In the above circumstances, we allow the appeal and direct the respondents to count the adhoc service of the appellant for his pay protection and for fixation of his pension.
7. There shall be no order as to costs. Parties shall be informed.