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

Section: 3(2)

Law: Constitution of Pakistan, 1973

Section: 199s

Civil Servants (Appointment, Promotion and Transfer) Rules, 1973-- ----R. 3(2)--Constitution of Pakistan, 1973, Art. 199s were working as Divisional Accounts Officers--Participation and qualified departmental promotion examination part-I--Competition of six months training--Issuance of notification regarding change of second promotional examination--Writ petition--Allowed--Non-publishing of notification in official gazette--Powers of controller general of accounts--Validity of notification--Entitlement for accounts officers examination--Challenge to--Nothing has been placed on record that may indicate that Federal--Government had notified impugned notification after following legal and procedural requirements and in accordance with provisions of Rule 3(2) of Rules, 1973--We have asked DAG if Controller General of Accounts had obtained any previous approval of Federal Government as required under paragraph 14 of Regulations to amend mode of examination and whether such notification had been published in official gazette--He has not been able to show us from record that previous approval of Federal Government had indeed been obtained in accordance with law and notification in question was published in official gazette--It is a settled principle of law that a notification, which is duly published in official gazette takes effect from date on which it is published except otherwise provided in notification itself--Neither notification had validly been issued on basis of powers available to Controller General of Accounts and previous approval of Federal Government nor does it appear to have been published in official gazettes were entitled to undergo Divisional Accounts Officers Examination Part II to be conducted by department itself as per previous Regulations--impugned of High Court records valid reasons for its conclusion and after hearing Law Officer and going through record, we are not persuaded to reach a conclusion different from one arrived at by High Court--Appeal was dismissed. JUDGMENT Ijaz-ul-Ahsan, J.- This appeal by leave of the Court arises out of a judgment of the Peshawar High Court, Peshawar dated 06.11.2019. Through the impugned judgment, a…

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