1991 PLP (C (PLC(CS))

NASIR ASLAM ZAHID, J.

We had heard arguments of the learned counsel on 8-10-1990 and, on conclusion of his arguments, by a short order dated 8-10-1990, we had dismissed this petition in limine. Reasons for dismissal of the petition are contained in this order.

2. This petition was filed by 15 petitioners who claimed to be holders of degrees of Bachelor of Engineering. Government of Sindh had circulated an advertisement in the newspapers inviting applications for the post of Assistant Executive Engineers (Civil and Mechanical) on ad hoc basis. The petitioners submitted applications and, according to the memo. of petition, after scrutiny of their documents, the petitioners were called to appear before the Selection Committee, constituted by the Government of Sindh. According to the petitioners, they appeared before the Selection Committee and each one of them was interviewed by the Selection Committee. The petitioners were selected and orders of their appointment were issued. The offers of appointment dated 22-2-1990 of the Government of Sindh, addressed to each of the petitioners, which were accepted, are reproduced as under:-- "Subject: Offer of appointment as Assistant Executive Engineer in Irrigation and Power Department, Government of Sindh, Karachi. You are hereby offered a post of Assistant Executive Engineer (Civil) (Ad hoc) in BPS-17 on purely temporary basis carrying scale of Rs.2,065 155-3,925, at the starting pay of Rs.2,065 p.m. plus other allowances as admissible on the following terms and conditions:- (i) The appointment is on ad hoc basis against the Training/Leave Reserve Posts newly-created in the Department. (ii) You will be required to undergo training initially for a period of nine months to be extended further if necessary. (iii) You will produce original certificates in proof of your educational qualification, domicile and permanent residence. (iv) You will produce physical fitness certificate from the Civil Surgeon of Government Hospital within 15 days from the date of joining your post. (v) You will be liable to serve at any place in the Province of Sindh. (vi) Your services will be regulated under the Sindh Civil Servants Act, 1973, and rules made thereunder. (vii) The appointment will be subject to verification of your antecedents and is liable to be terminated without any notice. (viii) You may resign the post on fifteen days' notice or forego pay for that such period in lieu thereof. (ix) You will have to appear before Public Service Commission Sindh, as soon as the posts are advertised. In case of non-selection by the Commission, your services will be terminated. You should indicate in writing to this Department whether you accept the post of Assistant Executive Engineer on the above terms and conditions. If you fail to respond within 10 days of the receipt of this letter the offer would automatically stand withdrawn/cancelled. If you are found guilty of any misstatement, false declaration or any other wrong or misleading information at the time of interview or submission of the application, your appointment shall be terminated and other legal action taken against you under the law."

3. Identical notifications of appointments were issued by the Government of Sindh on 11-3-1990 in respect of all the petitioners. One such notification dated 11-3-1990 is reproduced here:

"Reference acceptance of the offer of appointment, conveyed under this department letter of even No. dated 20-2-1990, and on the terms and conditions contained therein and with the approval of the competent authority Mr:

is appointed on ad hoc basis to the post of Assistant Engineer (Civil/Mechanical) in BPS-17, Irrigation and Power Department, as a temporary measure for a period of six months till selectee of the Sindh Public Service Commission becomes available, whichever is earlier."

4. According to the petitioners, they have been working as Assistant Engineers since February/March, 1990 and have been drawing their salaries. It is further averred by the petitioners that the Sindh Public Service Commission did not advertise any post during the above period of six months so as to enable the petitioners to apply and appear before the Commission and, on the contrary, the Public Service Commission had written to the Government of Sindh to extend the period of ad hoc appointment of the petitioners and the appointment of the post be deferred till further orders. It is further averred that decision on such request of the Public Services Commission was pending with the Government when all of a sudden the petitioners came to know that the Government had issued orders terminating the services of the petitioners.

5. It was submitted by Mr. Abdul Fattah Malik, learned counsel for the petitioners, that the petitioners had been appointed in due course of law and they were professional engineers and were selected by the Selection Committee constituted by the Government and they had served the Government for over six months and their employment was subject to confirmation by the Sindh Public Service Commission but the Commission had not yet invited the petitioners to appear before it and in the meantime services of the petitioners have been illegally terminated on account of political reasons. According to the learned counsel, the present Government is victimizing the petitioners and other appointments of the previous Government. It was further submitted that the termination of the petitioners without show-cause notice or charge-sheet or even without any prior notice violates the principles of natural justice. Learned counsel had also relied upon 1981 S C M R 523 and 1980 S C M R 268.

6. Admittedly the petitioners were ad hoc appointees. The offers of appointment (reproduced above) as well as orders of their appointment (also reproduced above)make it clear that the appointment of all the petitioners was on ad hoc basis and as a temporary measure for a period of six months or till selectees of the Sindh Public Service Commission became available whichever was earlier. The offer of appointment, inter alia, stated that the services of the petitioners would be regulated under the Sindh Civil Service Act, 1973 and that the appointments were liable to be terminated without any notice.

7. In this context, reference may also be made to subsection (3) of section 11 of the Sindh Civil Servants Act, 1973, which reads as follows:- "(3) Notwithstanding the provisions of subsection (1), but subject to the provisions of subsection (2), the service of a civil servant in temporary employment or appointed ad hoc shall be liable to termination on fourteen days' notice or pay in lieu thereof."

8. Subsection (3) to section 11 of the Sindh Civil Servants Act, 1973 empowers the Government to terminate the employment of an ad hoc employee on 14 days' notice or pay in lieu thereof. Mr. Abdul Fattah Malik had relied upon clause (iii) of subsection (1) of section 11 to argue that the services of the petitioners could not be terminated till appointment of other persons on the recommendation of the Sindh Public Service Commission. We find no merit in this contention as, firstly, under subsection (3), power is vested in the Government to terminate the services of an ad hoc employee and such power is "notwithstanding the provisions of subsection (1)" of section 11 and, secondly, the', orders of appointment of petitioners show that their appointments were on ad hoc basis and as temporary measure for a period of six months or till selectees of the Sindh Public Service Commission became available, whichever was earlier and according to the offers of appointment their services could be terminated at any time without any notice. Neither the offer of appointment nor their appointment orders or the Sindh Civil Servants Act, 1973 gave any right to the petitioners to stay in service till the selectee of Sindh Public Service Commission were appointed in their place.

9. In our view, therefore, no case was made out by the petitioners and accordingly this petition was dismissed by our short order dated 8-10-1990 on the conclusion of the arguments of the learned counsel.

10. It may be, added here that Mr. Abdul Fattah Malik, learned counsel for the petitioners, had pointed out during his submissions that, in place of the petitioners, the -Care-taker Government of Sindh was proposing to make appointments of persons of their own choice on ad hoc basis instead of filling up the vacancies by selectees of the Public Service Commission. We have no doubt held that the law vests power in the Government to terminate services of ad hoc employees without any reason but in case services of ad hoc employees are terminated without any reason and fresh appointments are also made on ad hoc basis, the bona fides of the Government might be questioned. If appointments of ad hoc appointees are terminated without any reason, it is expected that in the normal course fresh appointments will be made on the recommendation of the Public Service Commission. M.Y.H./F-154/K Petition dismissed.