1999 PLP (C (PLC(CS))

MUHAMMAD AYUB KHAN (MEMBER). ‑‑‑Facts of the case as verified from the record, are that the appellant, appointed as Laboratory Assistant in B‑5 Government High School Ali Khel, North Waziristan Agency (Miranshah) was appointed as Steno‑Typist B‑12 purely on ad hoc basis terminateable at any time on availability of a qualified/regularly selected person vide order by Divisional Personnel Officer, Pak, Railway Labour contained in Endst. No.220‑E/1/2254/PSC, dated 28‑11‑1987 duly circulated to all concerned.

2. The appellant subsequently applied and prayed for counting his previous service from 18‑5‑1981 to 5‑12‑1987 (which he rendered in the Education Department (FATA), towards" pension, Seniority etc." vide his application dated 26‑9‑1997 but it was rejected, on a plea that his service as steno typist was yet not regularised. His departmental appeal dated 10‑11‑1997 (not responded) and hence the present appeal has been filed in this Tribunal which is within time.

3. We have heard the learned counsel for the appellant and perused the record. It was stated at the bar that despite rendering about eleven years service the appellant has not been confirmed in his grade and that he was also entitled to count his previous six years toward length of service and seniority. He could not produce any authority in support of his contention when required.

4. A perusal of his application for appointment as Steno available on the record indicates that his induction was effected due to political patronage. The matter of his unauthorised and illegal induction also did not escape notice of the "Audit" which took serious exceptions to it so much so that the entire drawal of Rs.300073 on account of pay and allowances was ordered to be recovered from the appellant with the following observations which it appears prompted him for seeking refuge elsewhere. The audit, therefore, advised as under in its report dated 9‑10‑1996:‑‑ "(i) The matter be investigated at appropriate level and responsibility fixed for irregular continuation of the services of the employee for the last 9 years: (ii) Services of the employee be discontinued forthwith and action taken against those held responsible. (iii) Expenditure incurred on pay and allowances of the steno typist be recovered/regularized and; (iv) Cases of the similar nature be reviewed and action taken accordingly."

5. Ad hoc service unless regularised by the "competent Authority" does not confer any right either for regular absorption as of right or counted towards seniority except that it is counted towards length of service for the purpose of pension if ultimately regularised. In the instant case the appellant was subjected twice to Steno typist test held on 5‑7‑1988 and 5‑10‑1988 but failed. His services should have been dispensed with in the event of his failure in two tests. Law requires filling of vacancies inclusive of ad hoc appointments through its publication in news papers as per instructions of the Government contained in ESTACODE‑1989 PP 142‑143 inclusive of "avoidance of favouritism or nepotism in ad hoc appointments" for safeguarding rights of the real deserving candidates sheerly in the public interest".

6. Keeping in view the facts on file, as briefly discussed above, this appeal fails and is dismissed in limine. H.B.T./27/Sr.F Appeal dismissed.