| Citation(s) |
|---|
| 2018 SLG 1596 2018 SLD 1596 2018 PLC 619 |
W.P. No. 2117 of 2016, decided on 01-11-2017. Dates of hearing: 24-02-2017, 03, 10, 17-03-2017, 07-04-2017, 19-05-2017, 02, 09, 16-06-2017 and 02-08-2017.
Muhammad Shoaib Shaheen, Abdul Rahim Bhatti, Hafiz S.A. Rehman, G.M. Chaudhry, Hafiz Munawar Iqbal, Muhammad Nauman Munir Paracha, Ashfaq Ahmed Khan, Ch. Tanveer Akhtar, Raja Muhammad Khan, Misbahullah Khan, Haroon ur Rashid, Ali Nawaz Kharal, Muhammad Umair Baloch, Ashfaq Ahmed Khan, Kazi Sheharyar Iqbal, Zill e Huma, Ahmed Abdul Rafey, Ishtiaq Ahmed Raja, Shafiq ur Rehman Dab, Faisal Bin Khurshid, Ch. Manzoor Khamboh, Khawaja Aurangzaib Alamgir, Muhammad Asif Gondal, Matloob Hussain Malik, Ali Murad Baloch, Waqar Ahmed, Rana Samreen Akhtar, Muhammad Ramzan Khan, Ch. Muhammad Ashraf Gujjar, Ishtiaq Ahmed Rana, Muhammad Aftab Alam Rana, Zia Ul Haq Kiyani, Ch. Saifullah Warriach, Muhammad Sajjad Bangash, Ahsan Hameed Dogar, Mehr Muhammd Bakhsh, Hafiz Ali Asghar, Safeer Khadim, Hafiz Ahmed Rashid, Muhammad Waqas Malik, Ibrar Hussain, Muhammad Anwar Mughal, Muhammad Aslam Chaudhry, Ishtiaq Ahmed Cheema, Muhammad Umar, Anar Khan Gondal, Muhammad Kashif Tabassam, Muhammad Usman Khan, Muhammad Afzal Khan Jadoon, Syed Sadaqat Ali, Arshad Mehmood and Hafiz Mazhar Maiken for Petitioners. Qausain Faisal Mufti, Ch. Sageer Ahmed, Rai Azhar Iqbal Kharal, Muhammad Ramzan Khan, Muhammad Riaz Akbar, Raja Zubair Hussain Jarral, Muhammad Nauman Munir Paracha and Sadia Naerean Malik Advocates, Afnan Karim Kundi, Addl. Attorney General Kh. Muhammad Imtiaz, Assistant Attorney General, Munir Ahmed, J.S. Finance Div. Dr. Masood Akhtar Sr. J.S. S. Ahmed Bahar Zaidi, Director FPSC, M. Tahir Iqbal, A.D. FPSC, Muhammad Younas, S.O. Establishment Div. S.M. Rehan Naqvi, A.D. Legal FDE, Zaheer Iqbal, S.O. Cabinet, Khan Hafeez, Dy. Secy. Finance, Khan Zeb, A.D. Law BECS, Kashif Ch. Manger Legal USC and Nadeem Arshad, S.O. Finance for
Respondents.
MS. SHAGUFTA HASHMAT AND OTHERS
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY CABINET DIVISION AND OTHERS
Law: Civil Servants Act, 1973
Section: 5
Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973
Section: pt.III
Law: Constitution of Pakistan, 1973
Section: 25,27
(a) Civil Servants Act (XIV of 1973)--- ----S. 5---Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, Pt. III--- Contract employees---Regularization in service---Policy issued by the Federal Government to regularize contract employees ( Regularization policy )---Scope---Regularization policy could not be inconsistent with primary legislation, such as the Civil Servants Act, 1973---Federal Government was not empowered to bypass or render statutory provisions redundant by way of a regularization policy---Likewise, a delegated legislation, such as the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 would prevail to the extent of conflict with a regularization policy---Policy of the Federal Government had to be interpreted in conformity with the statutory provisions or delegated legislation made there under. (b) Civil Servants Act (XIV of 1973)--- ----S. 5---Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, Pt. III---Constitution of Pakistan, Arts. 25 & 27---Appointment in service---Principles stated. Following are the settled principles with regard to appointment in service; in government departments and statutory organisations; (i) The posts in government departments and statutory organizations ought to be filled within reasonable time by following the procedure prescribed under the relevant law; (iii) Appointments of any nature, whether initial or ad hoc, permanent or temporary, if made in violation of the principles of competitive transparency, inter alia, without inviting applications from the public, was in violation of the Constitution and, therefore, void. (iv) Appointment to a post in the public sector made in a non-transparent and discriminatory manner offended the Fundamental Rights guaranteed under Articles 25 and 27 of the Constitution. (v) Selecting a qualified, eligible and most deserving person was a sacred trust which was to be discharged honestly and fairly in a just and transparent manner and in the best interest of the public. Dr Naveeda Tufail and 72 others v. Government of Punjab and others 2003 SCMR 291; Mushtaq Ahmad Mohal and others v. The Honourable Lahore High Court, Lahore and others…
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