Law: Balochistan Civil Service (Executive Branch) Rules, 1984

Section: 5

Law: Balochistan Finance and Accounts Group Service Rules, 2001

Section: 5

Law: Balochistan Secretariat (Grade 16 and above) Service Rules, 2002

Section: 5

Rules regulating appointment by initial recruitment, promotion and transfer in the Provincial Civil Service (Executive Branch) and the Provincial Secretariat (Section Officers) Service did not allow squeezing in any intruder, therefore, individual or en-bloc absorption from any other group of service, being essentially against law, could not be upheld Absorption of a civil servant of a non-cadre post against a cadre post was alien to the said rules. Assistant Executive Officers (appointed under the aegis of the Provincial Public Service Commission) absorbed in Provincial Civil Service (Executive Branch) and Provincial Secretariat (Section Officers) Service Case Law referred: 2013 SCMR 1752 2015 SCMR 456 THIS JUDGMENT DELIVERED BY: EJAZ AFZAL KHAN, JUSTICE:---.--- These appeals with the leave of the Court have arisen out of the judgment dated 14.03.2017 of the High Court of Balochistan, Quetta whereby it dismissed the Constitution Petitions filed by the appellants as being not maintainable. 2. Brief facts of the case are that appellants were appointed as Assistant Executive Officers on qualifying the examination held under the aegis of Balochistan Public Service Commission vide notification dated 22.10.2002. They worked as such till 2008. They were then absorbed in Balochistan Civil Service Executive Branch vide notification dated 03.04.2008. They continued as such till the time they were directed to report to S GAD Balochistan for further orders vide notification dated 15.12.2016. They challenged the aforesaid notification in the High Court but it was dismissed as being non-maintainable as mentioned above. Points raised and noted at the time of grant of leave read as under:- "After hearing the learned counsel for the petitioners, leave is granted inter alia to consider whether the constitution petitions filed by the petitioners before the learned High Court were incompetent for the reason that since they were civil servants and sought enforcement of the terms and conditions of their service, the learned High Court's jurisdiction was barred under Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973; whether the jurisdiction to attend to and…

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