Law: Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 1979

Section: 9(1)(a)

(a) Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009--- ----R. 9(1)(a)---Balochistan Public Service Commission (Functions) Rules, 1982, Rr. 3(i)(a) & 3(i)(b)---Contract employees for a project---BPS-16 and above posts---Regularization in service---Case of the Provincial Government/competent authority was that a summary of 43 contract employees into regular service was approved while for BPS-17 and above, the competent authority was not competent to appoint or regularize any contract employee as the same came within the domain of the Balochistan Public Service Commission, however, the High Court incorrectly allowed the writ petition of the respondents (contract employees seeking regularization) purely on the ground of discrimination---Validity---Posts in BPS-16 and above were to be filled through the Public Service Commission---Rule 9(1)(a) of the Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009 (the AP&T Rules) clearly provides that the appointment to posts in BPS-16 and above or equivalent, if falls within the purview of the Commission, shall be made on the basis of a test and interview to be conducted by the Balochistan Public Service Commission (the Commission)---Similarly, Rule 3(i)(a) of the Balochistan Public Service Commission (Functions) Rules, 1982 (the BPSC Functions Rules), provides that the Commission shall conduct tests and examinations for initial recruitments to civil posts in BPS 16 to 22 connected with the affairs of the province, except those specified in the Schedule appended to the Rules---Sub clause (b) of Rule 3 (i) of the BPSC Functions Rules further empowers the Commission to conduct a test and interview for initial recruitment to any other post which may be referred to it by the Government, which may otherwise not fall within the purview of the Commission---Present respondents fell within the purview of Rule 9(1)(a) of the AP&T Rules and Rules 3(i)(a) and 3(i)(b) of the BPSC Functions Rules---Decision given by the High Court was without any basis and was not sustainable in the eye of law, therefore, the same was set-aside with the directions that the Provincial…

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