Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-------Ss. 2(a) & 3(2)---Civil Servants Act (LXXI of 1973), S.2(b)(ii)---Constitution of Pakistan, Arts.199 & 212---Constitutional petition---Contractual appointment---Jurisdiction of Service Tribunal---Scope---Law does not recognize any contract employee as civil servant. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Civil service---Appointment of the Chairman of a Federal Government organization was challenged by employee of the organization---Locus standi---Petitioner was an employee of the organization and not a stranger to the organization---Appointment on top slot of organization brings structural changes in the organizational behavior of that particular department---If any person in his estimation brought to the organization did not possess the requisite qualification and relevant experience, employee of the same organization could be an "aggrieved person"---In the matters of public interest one need not to be aggrieved himself---Constitutional petition was maintainable. (c) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Appointment against public posts---Process---Competitive process---Criteria---Open competition--- Appointment without advertisement--- Scope---Qualification, experience, exposure, eminence and performance of any individual could not be gauged without inviting others to compete---Approach of picking any individual of personal liking from open market was totally uncalled for and against the principle of transparency, good governance, merit, rule of law and credible process---Impugned appointment was declared as illegal---Constitutional petition was allowed. (d) Constitution of Pakistan--- ----Arts. 27 & 199---Constitutional petition---Civil service---Appointment against public posts---Open competition---Appointment of the chairman of government organization was made without advertisement and competitive process---Validity---Appointment was result of colourable exercise of authority, without due process, non-transparent approach, against the principles of healthy competition, fairness, openness, merit,…

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