Law: Constitution of Pakistan, 1973

Section: 199(1)(b)(ii)

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

Section: 8-B

Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan--- ----Art.199(1)(b)(ii)---Constitutional petition---Writ of quo warranto---Locus standi---Principle---Person invoking jurisdiction of High Court under Art.199 of the Constitution is not required to fulfill stringent conditions required for bringing himself within the meaning of an 'aggrieved person'---Any person can move High Court and challenge usurpation or unauthorized occupation of a public office by any person on the ground that such person is not qualified to hold that public office---Issue of locus standi is insignificant and immaterial---Proceedings in the nature of quo warranto are not strictly adversarial in nature but it does not mean that a premium can be given to a civil servant to continue with such post for which he is not qualified to hold. Salahuddin and 2 others v. Frontier Sugar Mills and Distillery Ltd. Takht Bhai and 10 others PLD 1975 SC 244 rel. (b) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----R.8-B---ESTACODE Edition 2010, Part II, Srl. No. 117---Constitution of Pakistan, Art.199---Constitutional petition---Quo warranto, writ of---Stop gap arrangement---Own Pay Scale, appointment---Petitioner was a BS-19 officer who was appointed against a vacant post in BS-20 on Own Pay Scale basis---Validity---In case where appointing authority was satisfied that no suitable officer was available to fill post and it was expedient to fill the same, the authority could appoint to that post on acting or current charge basis the most senior officer otherwise eligible for promotion in the cadre or service as the case could be but not on Own Pay Scale basis---Appointment/posting of respondent as Director in BS-20 on Own Pay Scale basis was violative of law---High Court set aside notification of posting of respondent as the same was without lawful authority---Constitutional petition was allowed accordingly. Province of Sindh and others v. Ghulam Fareed and others 2014 SCMR 1189; Mst. Iffat Nazir v. Government of Punjab and others 2009 SCMR 703; Muhammad Asif Chatha and others v. Chief Secretary, Government of Punjab, Lahore and others 2015 SCMR 165; Tariq Aziz-ud-Din and others: in re Human Rights…

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