Law: Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989

Section: 10

Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989--- ----R. 10---Notification No. SO(R-VI) E&AD/ 1-3/2015 dated 19-04-2016---Appointment made without advertisement---Effect---Plea of petitioners was that authorities had made appointments against the posts in violation of law, rules and policy---Validity---If any post did fall within the purview of Public Service Commission, same was to be made through Commission and if it did not fall within the purview of the Commission then in the manner as determined by the authorities---Initial appointment in the pay scales 3 to 5 was to be made on the recommendations of Departmental Selection Committee through District Employment Exchange concerned or when in a District, office of the Employment Exchange did not exist then after advertising the post in the leading newspapers---Neither advertisement, in the present case, had been made while making appointments in question nor letter was issued requisitioning the registered persons from the Employment Exchange---Selectees provided photocopies of registration card issued by Employment Exchange along with their applications---Selectees were near and dear ones of the persons involved in the selection process---High Court directed that every department of Government including the Employment Exchange in case of vacant posts in BPS-3 to 5 advertise the posts and if the vacant posts were to be filled in through Employment Exchange then letter in writing from requisitioning department should be addressed to the Manager Employment Exchange containing the number of posts in each specified category and Employment Exchange should provide list based on the date of registration by excluding the expired registration as per eligibility criteria for the post---High Court referred present matter to National Accountability Bureau for proper investigation and fixation of responsibility in that respect---Managers of Employment Exchange of each district were directed to create their respective website on the address of their respective districts---Selectees had failed to produce any document showing that they were the reasonable candidates and were selected…

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