1989SCMR925 (PLP)

USMAN ALI SHAH, J.‑‑The petitioner seeks leave against the judgment and order of the Peshawar High Court, dated 24‑10‑1988 whereby his constitutional petition No.305 of 1988 against the order, dated 5‑5‑1988 of the respondent No.2 was dismissed by the impugned judgment. The facts relevant for the disposal of this petition for leave to appeal are that the petitioner and respondents Nos.4‑13 were Naib Tehsildars by promotion on ad hoc basis in the Revenue Department. It may here be noted that previously Naib Tehsildars were appointed through Public Service Commission under the N.‑W.F.P. Public Service Commission (Functions) Rules. In the year 1984 the said Commission advertised 28 posts of Naib Tehsildars, out of which 8 posts were allocated for Malakand Division. However, the Public Service Commission selected only one candidate and thus 7 posts remained vacant. In the events that happened the N.W.F.P. promulgated the North West Frontier Province Civil Servants (Regularization of Services) Act, 1988. Under the provisions whereof respondents Nos. 4 to 13 who were holding the posts of Naib Tehsildars on adhoc basis were seleted, and Their services were regularized by a Board constitutd for that purpose under the N.‑W.F.P. Civil Servants (Appointment, Promotion and Transfer) Rules, 1975. Consequently, the Commissioner Malakand Division by his order dated 5‑5‑1988 regularized the services of respondents Nos. 4‑13 as Naib Tehsildars and thereafter reverted the petitioner and others by order dated 21‑11‑1988. Feeling aggrieved the petitioner challenged the order dated 5‑5‑1988 of the Commissioner Malakand Division before the Peshawar High Court and a learned Division Bench of the High Court dismissed the petition in limine finding that his appointment was not against a regular vacancy. Hence this petition for special leave. We have heard the learned counsel for the petitioner. We do not see any merit in this petition which deserves dismissal outright. The fact is not denied that the petitioner and respondents Nos. 4‑13 were holding the posts of Naib Tehsildars on ad hoc basis. Meanwhile a Board under N.‑W.F.P. Civil Servants (Appointment, Promotion and Transfer) Rules, 1975 was constituted to select suitable officials for appointment as Naib Tehsildars on regular basis under the N.‑W.F.P. Civil Servants (Regularization of Services) Act, 1988. Thus the selection of respondents Nos. 4‑13 as Naib Tehsildars on regular basis was considered suitable on merits according to law. Thus, under the circumstance we are of the opinion that no exception can be taken against the impugned order of the High Court. The result is that this petition has no force which is accordingly dismissed. Leave to appeal is refused. AA./A‑430/S Leave to appeal refused.