Law: Constitution of Pakistan, 1973

Section: 199(2)(ii)

(a) Punjab Local Government and Rural Development Department, Directorate General, Katchi Abadis, Recruitment Rules, 1993   ----Constitution of Pakistan, (1973), Art.199(2)(ii)---Quo warranto, writ of---Post of Assistant Director (Community Development) in BS-17, Directorate-General, Katchi Abadis and Urban Improvement---Qualification for such post, was that candidate be having a Master Degree at least 2nd Division in Social Work of Sociology/Rural Sociology---Mode of appointment was by initial recruitment/transfer---Appointment of respondent on such post of political motivation while serving in such Department on deputation and not holding required qualification---Validity---Qualification of respondent was Master Degree in Psychology in 1st Division and B.Ed., with ten years teaching experience---Respondent was earlier serving as Senior Scale Secondly School Teacher (BS-16)---Respondent had directly submitted application to Chief Minister firstly for her deputation and then for her permanent absorption against such post---Such application was recommended by an M.P.A./Chairperson, Provincial Standing Committee---Secretary Regulations and Chief Secretary had opined to Chief Minister that such request of respondent could not be acceded to without relaxation of Deputation Policy---Relaxation given by Chief Minister did not reflect application of his independent mind---Candidate holding Degree in M.A. Psychology was not eligible against such post---Positing against such post could be made only by Punjab Public Service Commission---Mere holding Master Degree by respondent in Psychology and being hardworking and efficient officer, would not authorize Department and then Chief Minister to bypass Rules---Department was not interested to absorb respondent, but the M.P.A. wanted to see her as Assistant Director in BS-17---Respondent had to demonstrate that her appointment was in accordance with law and Rules---Respondent had approached Chief Minister through M.P.A. and then obtained impugned order of absorption, which was misconduct on her part---Absorption/appointment of respondent on such post was violative of Punjab Local Government and Rural Development…

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