' RAJA BASHIR AHMAD KHAN (CHAIRMAN).---This appeal is directed against Notification No,FS/1530- 39/93, dated 26-9-1993 whereby the review petition of respondent No, 2 Raja Nadeem Ahsan was accepted and the matter was referred to Selection Board to assess the suitability of appellant and respondent No, 2 for grant of Grade B-18.
2. Briefly stated the facts are that the appellant was appointed as District Food Controller in the Department of Food on the recommendations of the Public Service Commission on 30-12-1985.
Respondent No, 2 was appointed as Assistant Director, Food in B-17 on ad hoc basis by order dated 29-5-1988. Appellant rendered his services as District Food Controller for the period of more than seven years. The post of Deputy Director, Food B-18 fell vacant on account of retirement of Shaikh Ali Akbar, Deputy Director, Food. The appellant was temporarily promoted as. Deputy Director, Food in his own pay and scale on 4-3-1991 against that post. The case for the promotion of the appellant was referred to the Selection Board No, 1 which approved the promotion of the appellant on acting charge basis for the post of Deputy Director, Food. The services of respondent No, 2 were regularised and confirmed as Assistant Director, Food with effect from 16-8-1992. After the approval of his appointment the respondent No, 2 filed a review petition against the promotion of the appellant and consequently the impugned order was passed by the Government.
3. Written objections have been filed on behalf of the respondents wherein they have denied the contents of the appeal and prayed that the appeal be dismissed.
4. In the meantime the matter of regularisation of the service of respondent No, 2 and other persons who had been benefited by passing of Azad Jammu and Kashmir Civil Servants (Regularisation of ad hoc Appointment) Act, 1992 came .Under consideration before the High Court in Writ Petition No, 89 of 1992 which was decided on 24-3-1994. The High Court was pleased to strike down the said Act and all appointments desired to be regulated by virtue of the provisions of the Act and Rules were declared as ad hoc appointments in nature and character. The affectees of this judgment filed appeal in the Supreme Court. The Supreme Court was pleased to uphold the judgment of the High Court. Resultantly the Government issued Notification No, Admin/A- 17(16)/S.O.V/94, dated 5-9-1994. The situation under which the impugned Notification was issued has substantially changed on account of the decision of the High Court and Supreme Court and the appointment of respondent No, 2 has been declared as on ad hoc basis which is purely temporary and liable to be terminated at any time or when a suitable person is available for the post after being recommended by the Public Service Commission. The status which respondent No,2 enjoyed when the impugned Notification was issued is no more available to him. The result is that the impugned Notification has been rendered a worthless piece of paper having no legal sanctity and is liable to be declared as such.
5. In the circumstances we declare that impugned Notification is of no legal effect as against the rights of the appellant. We, therefore, accept this appeal and set aside the impugned Notification.
The parties will bear their own respective costs.