Law: Gilgit-Baltistan (Empowerment and Self Governance) Order, 2009

Section: 71(2)

Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973

Section: R.11

Civil service--- ----Contract employments--- Termination of--- Scope--- Petitioners employees were appointed on contingent basis and their services were terminated being against Rules---Employees moved Service Tribunal and also filed appeals before the Chief Minister---Chief Minister set aside the termination order and directed the department to reinstate the petitioners in service but department did not comply with the said order of Chief Minister---Validity---Disputed appointments had been made without opening the vacancies for all through advertisement---Petitioners were initially appointed on contingent basis and thereafter their services were brought into permanent footing---Authority which made the illegal appointments had not been penalized---Chief Court observed that government should avoid contract appointment and ensure that opportunity for obtaining job had been provided to eligible persons---Chief Minister had reinstated the petitioners in their services and said order had not been assailed by the department---Department was directed to reinstate the petitioner in compliance of order of Chief Minister with all back benefits---Writ petition was allowed in circumstance. 2005 SCMR 534; 2007 SCMR 318; 2003 PLC (C.S) 1029 and 2012 SCMR 673 ref. PLD 2002 SC 728; PLC 2007 (C.S.) 145; PLC 2008 (C.S.) 715 and 2003 PLC (C.S.) 262 rel. THIS JUDGMENT DELIVERED BY: YAR MUHAMMAD, J.--- This writ petition under Article 71(2) of the Gilgit-Baltistan (Empowerment and Self Governance) Order, 2009 has been preferred seeking writ of "mandamus" to get the order dated 16-06-2014 of the Chief Minister Secretariat Government of Gilgit-Baltistan be complied with by the respondents. 1. Shortly, the facts forming background of this petition are that the petitioners are bona fide residents of Gilgit-Baltistan who were appointed in the Excise and Taxation Department Gilgit-Baltistan firstly on contingent basis and subsequently within one year i.e. during 2012 and 2013 they were adjusted against the clear vacant posts on permanent footing. Since there were allegations that the disputed appointments have been made in gross violation of the relevant rules and procedure therefore,…

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