Law:

Section:

Civil service--- ----Appointment, eligibility criteria---Scope---Petitioner, after failing to meet the eligibility criteria for the post of Director (Finance) (BPS-19), assailed eligibility criteria for promotion to the post on the ground that no Deputy Secretary or Deputy Director in the department had post- qualification experience of 12 year in BPS-17 or above including 5 years in BPS-18---Held; non-availability of candidate did not mean that appointment to the post of Director (Finance) (BPS-19) could not be made---Impugned notification clearly mentioned that if no suitable person was available for promotion, the post shall be filled by transfer from amongst persons possessing matching qualifications and experience as prescribed in Schedule IV and failing that by initial appointment---Nothing prevented the department from initiating the process of filling the post of Director (Finance) (BPS-19) by transfer if there was no Deputy Secretary or Deputy Director in the department who fulfilled the prescribed eligibility criteria for promotion to the post---Department could not be prevented from exercising its statutory power to change an eligibility criteria for appointment or promotion to any of the posts---Employee had no vested right for the prescribed eligibility criteria to remain constant and unaltered for all times to come---Constitutional petition was dismissed. Government of Khyber Pakhtunkhwa v. Hayat Khan 2016 SCMR 1021; Imtiaz Ahmad v. Punjab Public Service Commission PLD 2006 SC 472; Muhammad Hussain v. Principal, Ayub Medical College and another PLD 2003 SC 143; Mumtaz Ali Bohio v. Federal Public Service Commission through Chairman at Islamabad and another 2002 SCMR 772; Fida Hussain v. The Secretary, Kashmir Affairs and Northern Affairs Division PLD 1995 SC 701; Government of N.-W.F.P., Health and Social Welfare Department v. Dr. Sheikh Muzaffar Iqbal 1990 SCMR 1524; Muhammad Insha Ullah v. Chief Conservator of Forests PLD 1988 SC 155 and Government of Punjab v. Muhammad Javed 2013 PLC (C.S.) 459 rel. JUDGMENT MIANGUL HASSAN AURANGZEB, J.----Through the instant writ petition, the petitioner, Waseem Khurshid, impugns the criteria for promotion to…

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