Law: Constitution of Pakistan, 1973

Section: 199

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

Section: R.15,16

Constitution of Pakistan, 1973-- ----Art. 199--Civil Servants (Appointment, Promotion, and Transfer) Rules, 1973, Rr. 15 & 16--Appointment of Naib Qasid--Eligibility Criteria--Local basis--Obligation to--Right of appointment--Direction to--Departments are under obligation to apply law in its true perspective, especially with reference to local residents of Islamabad (ICT) who are not being considered for any post in other provinces as no quota is fixed for them on reciprocal basis--In case of any local resident of Islamabad was not appointed, department was bound to write down reason for not appointing a candidate of Islamabad domicile while he was to be given preference vide advertisement and such preference could not be put aside without solid reasoning which otherwise amounts to depriving a person being domicile of Islamabad being local resident (مقامی افراد). As such depriving a local resident of Islamabad from appointment amounts to depriving him from his legitimate right of appointment--After 18th amendment in Constitution of Islamic Republic of Pakistan, 1973, majority of departments have been vested to provinces and at this stage, local posts could only be given to local residents of ICT and not to candidates belonged to other provinces--Respondents have not considered ratio and wisdom of term "local basis" explained in Rule 16 of Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 as well as in advertisement. Even otherwise, they hired only 02 candidates from Islamabad against total 18 vacant posts, which clearly expresses incorrect approach of respondent department--Petition was disposed of. Domicile-- ----Legal Relationship--Meanings of--Term domicile is widely used in different contexts and conveys different meanings. Domicile is a person's permanent place of dwelling. It is a legal relationship between person and locality. It may or may not be of same meaning as term "residence". For purpose of jurisdiction, "domicile" means a legal residence which is place where person has fixed dwelling with intention to making it his/her permanent home. THIS JUDGMENT DELIVERED BY: MOHSIN AKHTAR KAYANI, JUSTICE---.--- Through this writ…

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