Case Details

Citation(s)
2011 SLG 1732 2011 SLD 1732 2011 PLC 752
Islamabad High Court
Writ Petition No.2360 of 2008, decision dated: 14-02-2011.
RIAZ AHMED KHAN, J

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MAZHAR-UDDIN and 6 others

VS

FEDERATION OF PAKISTAN through Secretary, Establishment Division, Government of Pakistan, Islamabad MAZHAR-UDDIN and 6 others vs FEDERATION OF PAKISTAN through Secretary, Establishment Division,

Law:

Section:

(a) Civil service-------Appointment on a particular post could not be claimed as a matter of right as no person had vested right to be appointed against a particular post. (b) Civil Servants Act (LXXI of 1973)--- ----S. 10---Constitution of Pakistan, Art.199---Constitutional petition---Appointment by transfer---Non-consideration of petitioner by Departmental Promotion Committee (DPC)---Validity---Committee or competent authority had all rights to consider persons for appointment---Committee after considering the petitioner had found him not eligible to be appointed---High Court could neither substitute its own option for appointing authority nor force it to appoint petitioner on post of his choice---Appointment on a particular post could not be claimed as a matter of right---No person had vested right to be appointed against a particular post---High Court dismissed constitutional petition in circumstances. Muhammad Shoaib Shaheen for Petitioners. Muhammad Ghias-ul-Haq Sheikh, Standing Counsel for Respondent. Date of hearing: 9th February, 2011. JUDGMENT RIAZ AHMED KHAN, J.--- Petitioners in the instant petition were performing duties in different departments. They were transferred by deputation under section 10 of the Civil Servants Act, 1973 by the Establishment Division and posted as. Section Officers. In the year 2008 about 29 officers were inducted/absorbed in the Office Management Group. The grievance of the petitioners is that the officers who had been inducted/absorbed in the Office Management Group as Section Officers were junior to them and they were entitled to be inducted/absorbed in the Office Management Group. 2. I have heard learned counsel for the parties and have also perused the record. 3. According to Para No.5 of parawise comments filed on behalf of Establishment Division, the Office Management Group Constitution, 2/3rd posts of Section Officers are filled directly through C.S.S. Examination and 1/3rd posts are filled by promotion of the departmental eligible candidates through a promotional examination to be conducted by F.P.S.C.; whereas 10% of the posts are reserved for induction/ appointment by transfer of Civil Servants belonging to…
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