Dr. CHAKAR RIAZ vs GOVERNMENT OF BALOCHISTAN through Chief Secretary Civil Secretarait, Quetta Ss

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Dr. CHAKAR RIAZ VS GOVERNMENT OF BALOCHISTAN through Chief Secretary Civil Secretarait, Quetta Ss. 4, 9 &11---Chief Executive Officer (CEO) of the Pak-Oman Hospital Pasni, appointment of---Stopgap arrangement---Vested right---Petitioner, who was the Chief Executive Officer (CEO) of the Pak-Oman Hospital Pasni ('Hospital') as stopgap arrangement, sought to declare his transfer and appointment of respondent as new CEO, as illegal and void---Validity---Pertinently, at the time of transfer/posting, if the person possessing requisite antecedents to qualify for a particular post may not be available in the department and, while the selection for appointment is under process or is delayed due to some plausible reason for the time being, the competent authority, in view of exigency, may assign acting charge and current charge as a stopgap arrangement---Expression 'stopgap' means a temporary way of dealing with a problem or satisfying a need and/or something that can be used until something better or more permanent can be obtained---Ad-hoc appointment is made, or look-after/acting or additional charge is given, under exceptional situations as a stopgap arrangement for a limited period with the sole aim and intention to continue such appointment till the regular appointment on the post---Person appointed as a stopgap arrangement does not hold such a post in a substantive capacity; this arrangement characterizes a class which is distinct and dissimilar from those who are appointed to posts in service compliant with the relevant rules of recruitment---Look-after or additional charge as a stopgap arrangement does not entitle the incumbent to claim any benefit on account of such arrangement, which can be revoked or withdrawn by the competent authority at any time without assigning any reason---Since both the transfer/posting of petitioner and respondent had been made in violation of the statutory enactment without jurisdiction, therefore, High Court directed the Board of Governors to make the appointment of a person as the CEO of the hospital under the provisions of the Pak-Oman Hospital Pasni Act, 2021---Constitutional petition was disposed of accordingly.

Dr. CHAKAR RIAZ vs GOVERNMENT OF BALOCHISTAN through Chief Secretary Civil Secretarait, Quetta Ss — 2025 PLC(CS) 235 QUETTA-HIGH-COURT-BALOCHISTAN

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