| Citation(s) |
|---|
| 2023 SLG 368 2023 SLD 368 2023 PLC 1 |
High Court (AJ&K)
Civil Appeals Nos. 49 to 54 of 2022, Civil Misc. As. Nos. 2987, 2988 and 11073 of 2021 in C.P. Nil of 2021 and Civil Misc. Application No. 10683 of 2021 in Civil Appeal No. 53 of 2022, decided on 5th September, 2022.
UMAR ATA BANDIAL, C.J., QAZI FAEZ ISA AND SYED MANSOOR ALI SHAH, JJ
M. Tayyab Bukhari, Appellant in person (in C.A. 49 of 2022). Mudassar Khalid Abbasi, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Appellants (in C.As. 50, 51, 54 of 2022 and C.M.A. 11073 of 2021). Shaukat Rauf Siddiqui, Additional A
Civil Appeals Nos. 49 to 54 of 2022, Civil Misc. As. Nos. 2987, 2988 and 11073 of 2021 in C.P. Nil of 2021 and Civil Misc. Application No. 10683 of 2021 in Civil Appeal No. 53 of 2022, decided on 5th September, 2022.
UMAR ATA BANDIAL, C.J., QAZI FAEZ ISA AND SYED MANSOOR ALI SHAH, JJ
M. Tayyab Bukhari, Appellant in person (in C.A. 49 of 2022). Mudassar Khalid Abbasi, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Appellants (in C.As. 50, 51, 54 of 2022 and C.M.A. 11073 of 2021). Shaukat Rauf Siddiqui, Additional A
MUHAMMAD TAYYAB BUKHARI and others
VERSUS
Dr. ANEES-UR-REHMAN and others Civil Appeals Nos. 49 to 54 of 2022 AND Civil Misc. As. Nos. 2987, 2988 and 11073/21 in C.P. NIL/21 (For permission to file and argue) AND Civil Misc. Application No. 10683/2
Law: Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974
Section: 20
Law: Punjab Civil Servants Act, 1974
Section: 23
Law: Constitution of Pakistan, 1973
Section: 27(1)
(a) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974--- ----R. 20---Punjab Civil Servants Act (VIII of 1974), S. 23---Constitution of Pakistan, Art. 27(1), third proviso---Interpretation of Article 27(1) of the Constitution and the three provisos thereto---Notification issued under Rule 20 of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, reserving a certain percentage of vacancies in respect of certain areas of the Province (the impugned Notification)---Constitutionality---Article 27(1) of the Constitution commences by safeguarding against discrimination in the service of Pakistan but then proceeds to create certain exceptions; its first proviso permitted that for a period of forty years from the commencing day posts for persons belonging to any class or area may be reserved to secure their adequate representation in the service of Pakistan---Commencing day of the Constitution is 14 August 1973, therefore, forty years stood expired on 14 August 2013, making the first proviso inconsequential---Second proviso is not applicable, in the present case, as it is with regard to services which can only be provided by a member of a particular sex---Third proviso uses language similar to the language of the first proviso in that if there is under-representation of any class or area in the service of Pakistan it may be determined by an act of Majlis-e-Shoora (Parliament)---Admittedly, neither the Province concerned nor the Federation has legislated with regard thereto---In the present case, the Provincial Government, took it upon itself to insert Rule 20 in the Punjab Civil Servants (Appointment and Conditions of Service), Rules, 1974 (the Rules) and issued the impugned Notification by, wrongly, assuming that it could do so, and in doing did not act in accordance with the third proviso to Article 27(1) of the Constitution---Neither the Notification nor Rule 20 of the Rules accorded with the law or the Constitution. Muhammad Saleem v. Federal Public Service Commission 2020 SCMR 221; Punjab Public Service Commission v. Hasnain Abbas 2021 SCMR 1017 and Aitzaz Alam Malik v. Federation of Pakistan Order dated 6th…
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