Law:

Section:

(a) Balochistan Civil Servants Act (IX of 1974)--- ----S. 5---Balochistan Civil Servants (Appointments, Promotion and Transfer) Rules, 2009, Rr.17 & 9---Constitution of Pakistan Arts.18, 25 & 199---Civil Service---Ad hoc appointment---Relaxation of Rules---Scope---Petitioners, who were serving Risaldars in the Provincial Levies Force, impugned appointment of respondents to the said post which was made in relaxation of Rules and on an ad hoc basis on directives of the Provincial Chief Minister and Provincial Home Minister---Validity---Provincial Legislature had not granted the Provincial Government any power to "relax" any Rule---No provision existed in the Balochistan Civil Servants (Appointments, Promotion and Transfer) Rules, 2009 which enabled the Provincial Government to do anything in the purported "relaxation of rules"---If persons were appointed as levies officers on the personal whims of a Minister or on the basis of "safarish", the fundamental rights of those aspiring to such posts were transgressed, including their right to aspire to such posts (Article 18 of the Constitution), to be considered equal before the law (Article 25(1) of the Constitution) and the guarantee that they will not be discriminated against (Article 25(2))---Number of violations were committed in the present case, as firstly, the rules were relaxed, secondly, the appointments were made on ad hoc basis, thirdly they were made without placing advertisements by inviting all interested persons and fourthly, no test was conducted---Appointments therefore, violated provisions of the Constitution, the Balochistan Civil Servants Act, 1974 and the Balochistan Civil Servants (Appointments, Promotion and Transfer) Rules, 2009---High Court set aside the ad hoc appointments of the respondents declaring the same to be void ab inito and directed the respondents to refund all salaries and benefits received by them---Constitutional petitions were allowed, in circumstances. Abdur Rasheed v. Riazuddin 1995 SCMR 999; In re: Abdul Jabbar Memon 1996 SCMR 1349; Government of N.-W.F.P. v. Muhammad Tufail Khan PLD 2004 SC 313 and Mushtaq Ahmed Mughal v. Hon'ble Lahore High Court, 1997 SCMR 1043…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492