| Citation(s) |
|---|
| 2019 SLG 3426 2019 SLD 3426 2019 PLC 19 |
Islamabad High Court
Intra Court Appeal No. 340 of 2017, decided on 21st June,2018, Dates of hearing: 26th March, 25th April, 10th, 22nd,23rd and 24th May of 2018.
AAMER FAROOQ AND MOHSIN AKHTAR KAYANI, JJ
Ch. Abdul Khaliq Thind, D.A.G., Rana Khawar Hussain, A.A.G. and Sadaqat Ali Jahangir, State Counsel. Tariq Fazal Ch., Minister for CADD and Masood-ul-Hameed, Dy. Director (Legal), CADD Mehmood Ullah Farrukh, A.D. (Legal), CADD. Muhammad Nawaz, A.D. (Legal
Intra Court Appeal No. 340 of 2017, decided on 21st June,2018, Dates of hearing: 26th March, 25th April, 10th, 22nd,23rd and 24th May of 2018.
AAMER FAROOQ AND MOHSIN AKHTAR KAYANI, JJ
Ch. Abdul Khaliq Thind, D.A.G., Rana Khawar Hussain, A.A.G. and Sadaqat Ali Jahangir, State Counsel. Tariq Fazal Ch., Minister for CADD and Masood-ul-Hameed, Dy. Director (Legal), CADD Mehmood Ullah Farrukh, A.D. (Legal), CADD. Muhammad Nawaz, A.D. (Legal
IMRAN AHMED and othersVsFEDERATION OF PAKISTAN and others
Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973
Section: 18,20
Law: Civil Servants Act, 1973
Section: 2(a),2(e)(j),5,11-B
Law: Constitution of Pakistan, 1973
Section: 199
(a) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973-------Rr. 18 20---Civil Servants Act (LXXI of 1973), S. 2(a)---Appointment of initial post or an ad hoc or on temporary basis stringent criteria enumerated. High Court observed that: i) Every post must be advertised in the Newspaper. ii) Advertisement shall contain the description of post, its nature, scale, eligibility, qualification and experience as prescribed and determined by the Competent Authority. iii) Candidate must be citizen of Pakistan. iv) Candidate must be in good physical, mental and bodily health free from physical defect (unless appointed on disabled quota). v) Every post have to be processed through FPSC, if the same is for BPS-16 and above, even for initial appointment or for Ad hoc or temporary appointment. vi) Any post for BPS-16 and above if advertised for Ad hoc or temporary post, it must be processed through FPSC and in extreme emergency case the concerned authority may appoint the persons subject to other requirements on temporary post after advertisement directly after obtaining NOC from FPSC. vii) Every candidate has to be processed through the said selection process of test and interview. viii) Regional, Provincial quota has to be applied on all posts on the basis of domicile. ix) Advertisement must contain the categories of posts for women, disabled, minorities and others as prescribed in the relevant laws. x) Appointments of BPS-1 to 15 through a Competent Authority on similar criteria referred above except the application of process by FPSC, rest of the requirements are similar. (b) Civil Servants Act (LXXI of 1973)--- ----Ss. 2(e) (j), 5 11-B---Project posts---Regularization---Procedure---All projects, jobs, vacancies and posts have no legal right to be claimed as permanent posts unless Federal Government declares same with approval--- Only in such eventuality when post declared by the President of Pakistan and project has been converted into non-development budget, all those persons who have been recruited earlier if working on post of BPS-16 and above have to be processed through Federal Public Service Commission as required under S. 11-B Civil Servants Act,…
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