Full Judgment Text & Judicial Ruling

1988 P L C (C

1988 P L C (C.S.) 845

[Service Tribunal N: W.F.P.]

Present: Malik Muhammad Parvez Khan, Chairman

MUHAMMAD NIHAR

Versus

THE COMMISSIONER, PESHAWAR DIVISION, PESHAWAR and 2 others

Appeal No. 78 of 1988, decided on 3rd August, 1988.

North‑West Frontier Province Service Tribunals Act {I of 1974)‑‑

‑‑‑S. 4‑‑ Appeal‑‑Regularization of service, within discretion of Authority‑‑Such matter could not be adjudged by Service Tribunal‑‑Question of discretion exercisable by Authority could not be made subject‑matter of appeal before, Service Tribunal.

Atiqur Rehman Qazi for Appellant.

JUDGMENT

Appellant Muhammad Nihar moved this Tribunal under section 4 of the Act, 1974 in respect of the order dated 26‑5‑1988 received by him on 3‑6‑1988 vide which his representation for regularization of his service as Naib‑Tehsildar in the Peshawar Division, Peshawar was rejected.

Appellant was serving as Girdawar/Kanungo in Swat Settlement when he was promoted as Zilladar and posted in Bajaur Agency. After wards he was appointed as officiating Naib‑Tehsildar and his services were placed at‑ the disposal of Chief Administrator Zakat and Ushr, N.‑W.F.P. for further posting in Malakand Division but he could not join the service there on account of some administrative difficulty and remained posted at Bajaur. In the year, 1987 the N: W.F. Province Government promulgated the Civil Servants (Regularization of Service) Act, 1987 vide which the services of all the Govt. servants working on ad hoc basis were to be regularized. Appellant was one of those persons, but he unfortunately could not obtain his goal, so he approached the Commissioner, Peshawar Division, Peshawar i.e. respondent No. 1 for the regularization (ii) his service but the response was in negative, so the present appeal on the ground that he was working as Naib‑Tehsildar on ad hoc basis, had passed departmental examination of Naib‑Tehsildars and an Act had been passed for regularization of the service of the ad hoc Government Servants.

I have given my patient hearing to the arguments and have come f o the conclusion that section 4 sub‑clause (b) clause (i) is a bar in the way of the Tribunal to adjudicate upon the question of the entitlement of the appellant for the regularization of his ad hoc service. Only those matters can be adjudged by this Tribunal which affect the terms and conditions of service of a Government servant. Regularization of the service can in no way be termed as the condition precedent for the appointment .of the Government servants. The discretion lies with the Authority to regularize the service of a particular Government Servant working on ad hoc basis. The question of discretion cannot be made the subject matter of appeal before the Tribunal. This being so, the appeal is dismissed in limine File be consigned to the record room. A.A./94/Sr. N. Appeal dismissed,

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