| Citation(s) |
|---|
| 2021 SLG 1380 2021 SLD 1380 2021 SCMR 800 |
Supreme Court of Pakistan
Civil Appeal No. 597 of 2020, decided on 10th February, 2021, Date of hearing: 10th February, 2021. (Against the judgment Dated 06.11.2019 passed by the Peshawar High Court, Peshawar in Writ Petition No. 1806-P of 2017)
IJAZ UL AHSAN, JUSTICE
Moulvi Ejaz ul Haq, DAG, M. Mushtaq Khan, Account Officer and Maqbool Ali, ACGA for Appellants. Sabit Ullah Khan, Advocate Supreme Court and Syed Rafaqat H. Shah, Advocate-on-Record for
Respondents Nos. 1-3, 8-11, 17, 18, 22, 25, 27, 28 and 30. Abdul La
Civil Appeal No. 597 of 2020, decided on 10th February, 2021, Date of hearing: 10th February, 2021. (Against the judgment Dated 06.11.2019 passed by the Peshawar High Court, Peshawar in Writ Petition No. 1806-P of 2017)
IJAZ UL AHSAN, JUSTICE
Moulvi Ejaz ul Haq, DAG, M. Mushtaq Khan, Account Officer and Maqbool Ali, ACGA for Appellants. Sabit Ullah Khan, Advocate Supreme Court and Syed Rafaqat H. Shah, Advocate-on-Record for
Respondents Nos. 1-3, 8-11, 17, 18, 22, 25, 27, 28 and 30. Abdul La
CONTROLLER GENERAL OF ACCOUNTS
VS
FAZIL AHMAD, DAO EC (C&W DIVISION HANGU) AND OTHERS
Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973
Section: 3(2)
(a) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----R. 3(2)---Controller General of Accounts (Appointment, Functions and Powers) Ordinance (XXIV of 2001), S. 12---Two part departmental examination for promotion to Divisional Accounts Officer (BS-17)---Change in method of examination after first part already conducted---Legality---In order to become entitled to promotion respondents participated and qualified the departmental examination Part-I in the year 2012 in accordance with the Rules and Regulations prevalent at that time also completed their practical training for six months---Part-II of the examination which was scheduled to be conducted in the year 2013 did not take place---Through the impugned notification dated 09-03-2017 the method of examination was changed---Previously, the examinations were conducted by the department itself but through the impugned notification the Federal Public Service Commission (FPSC) was assigned the job of conducting the promotion examination---Pursuant to the notification in question which was issued by the Office of Controller General of Accounts, the impugned Resolution No. 881 was circulated by the said Office intimating that promotion examination would henceforth be conducted by the FPSC---Held, that perusal of impugned notification revealed that it had not been issued by the Federal Government and only the concurrence of the Establishment and Finance Divisions had been solicited---While it was true that R. 3(2) of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 (the Rules, 1973) empowered the concerned Ministry/ Division subject to consultation with the Establishment Division to lay down methods of appointment, the notification in question as well as the Resolution under challenge were neither issued by any Ministry or Division nor published in the official Gazette---Record did not indicate that the Federal Government had notified the impugned notification after following the legal and procedural requirements and in accordance with the provisions of R. 3(2) of the Rules, 1973---Furthermore respondents had already successfully completed Part-I of the departmental examination…
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