| Citation(s) |
|---|
| 2021 SLG 2171 2021 SLD 2171 2021 PLJ 271 |
Supreme Court of Pakistan
C.As. Nos. 712 and 713 of 2020, decided on 1.2.2021, Date of hearing: 1.2.2021. (Against the judgment dated 22.02.2018 passed by the Peshawar High Court, Peshawar in Writ Petitions Nos. 5304-P and 5305-P of 2017)
IJAZ UL AHSAN, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Mr. Zahid Yousaf Qureshi, Additional A.G., Khyber Pakhtunkhwa, Mr. Shahid Iqbal, Litigation Officer, KP, PSC and Mr. M. Tufail Khattak, Additional Secretary, Establishment, Khyber Pakhtunkhwa for Appellants (in C.As. Nos. 712 and 713 of 2020).
C.As. Nos. 712 and 713 of 2020, decided on 1.2.2021, Date of hearing: 1.2.2021. (Against the judgment dated 22.02.2018 passed by the Peshawar High Court, Peshawar in Writ Petitions Nos. 5304-P and 5305-P of 2017)
IJAZ UL AHSAN, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Mr. Zahid Yousaf Qureshi, Additional A.G., Khyber Pakhtunkhwa, Mr. Shahid Iqbal, Litigation Officer, KP, PSC and Mr. M. Tufail Khattak, Additional Secretary, Establishment, Khyber Pakhtunkhwa for Appellants (in C.As. Nos. 712 and 713 of 2020).
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH CHIEF SECRETARY, PESHAWAR AND OTHErs
VS
ZAHOOR AHMED KHALIL AND ANOTHERS
Law: Constitution of Pakistan, 1973
Section: 199
Constitution of Pakistan, 1973-- ----Art. 199--Khyber Pakhtunkhwa Provincial Management Service Rules, 2007, R. 10(2)s were serving as caretakers--Advertisement for post of officers in provincial management service--Participation of respondent in PMS examination was declined--Reservation of 10% quota for in service candidates--Writ petition--Allowed--10% quota was reserved for person holding specific posts--Requirement of intelligible differentia--Criteria for quota--Challenge to--Rules, 2007 provide 10% quota for persons holding specific posts and such posts have been spelt out as Superintendents, Private Secretaries, Personal Assistants, Assistants, Senior Scale Stenographers, Stenographers, Data Entry Operators, Computer Operators, Senior and Junior Clerks--A further condition is that such persons must possess Postgraduate qualification from a recognized University and should have at least five years service under Government--High Court has misread Rules, 2007 and taken them out of context in observing that Rules do not prescribe as to what should be nature of experience required to participate in competitive examination for appointment against 10% quota posts--It is settled law that provisions of Statutes and Rules have to be read in their context and unless otherwise provided or there are compelling and lawful reasons to do otherwise Rule of ejusdem generis has to be followed--We have not found any discriminatory treatment because Respondents are not similarly placed vis-Ã -vis persons/posts identified and specified in rules and such persons/posts constitute a separate class, there being qualitative difference between two fulfilling requirement of intelligible differentia--Admittedly, respondents do not constitute ministerial staff and are also not borne on cadre/strength of Provincial Secretariat--These were two additional reasons why Respondents could not claim benefit of Rules, 2007 and criteria laid down for PMS (BS-I7) quota posts reserved for a specific class of Government employees--High Court has failed to appreciate and correctly interpret relevant Rules on subject and passed impugned in a slipshod manner, which is not sustainable and is liable to…
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