| Citation(s) |
|---|
| 2025 SLG 4227 2025 SLD 4227 = 2025 PHC 5152 |
WP 5104-P/2025
PRESENT; (DB) Hon’ble Mr. JusticeIjaz Anwar, J Hon’ble Mr. Justice Wiqar Ahmad, J
Date of hearing 18.9.2025 Petitioners by M/s. Naveed Akhtar, Barrister Asif Saeed, ArifFirdous, Ehtesham-ud-Din, and Abdul Sattar,Advocates
Respondents by Mr. Bilal Khan, AAG, alongwith M/s. Faheemullah Khan, Senior Law Officer, Hamid Saleem, Law Officer, and Shahid Iqbal, Superintendent (Litigation), KPPSC.
Abdul Sattar
VERSUS
Govt of KP, through the Chief Secretary and 4 others
Law:
Section:
SUMMERY;
It is by now well settled and consistent view of the superior Courts that it is the exclusive domain of the competent authority/government to make rules for raising the efficiency of the employees in particular and in the service in general. Reference can be made to the case of “Federal Public Service Commission through Chairman, Islamabad and another vs. Shiraz Manzoor and others [2023 SCMR 2087], Dr. Zulfiqar Ahmed Malik vs. Federation of Pakistan through Secretary Revenue Division, Chairman FBR Islamabad and others [2019 SCMR 1973]. The intention behind the amendment so introduced is for the betterment of service and is mainly aimedat having brilliant candidates shortlisted for their further appearance in the competitive examination. No malafide or ill-will can be attributed to the Government in the instant matter.
II. There is yet another aspect of the case, as stated, the petitioners were having prior notice about the amendment in the minimum threshold much before the conduct of the written test, therefore, after their appearance and failure to get 50% passing marks in the test, their petition on such score alone amounts to waiver and acceptance on their part of the amended rules, as such, their such objection at this stage is hit by the principle of waiver.