Law:

Section:

Service Tribunals Act (LXX of 1973)-­ ---S. 4--Health Division's Notification, S.R.O. No. 1203(1)/80--Notification of recruitment rules by Pakistan Institute of Medical Sciences--Appointments of Medical Officrs in various grades challenged to be in violation of Rules laid down in the Notification--Notification S.R.O. No. 1203/(1)/80 whether applicable to appointments made in respect of the Institute--In the absence of any Act or Ordinance declaring the Institute of Medical Sciences as an autonomous body, Instructions contained in S.R.O. No. 1203(1)/80 for the recruitment/appointment of medical staff against the clinical posts in the institution which is under the Ministry of Health, would remain in force--Any action not purported to be taken according to law would be a nullity in the eyes of law--Authority was directed that case of promotion of civil servant should be considered under the existing rules contained in S:R.O. No. 1203(1)/80. Appellant in person. Muhammad Iqbal Kokab for Respondents. Date of hearing: 23rd November, 1988. JUDGMENT CH. A. REHMAN KHAN (MEMBER).--Dr. Inamul Haq Shami, the appellant, Associate Surgcon, Fedcral Government Services Hospital. Islamabad has preferred this appeal for enforcement of recruitment rules notified vide SRO. No.1203(I)/80 in respect of clinical posts in Pakistan institute of Medical Sciences (PIMS). The appellant matt,. a departmental representation which was rejected vide Health Division's letter No. PF/5/PHS/CGPC/PER.I, dated the 10th June, 1987. 2. The facts of the case arc that the appellant is an Associate Surgeon working in the Federal Government Services Hospital, Islamabad. The Pakistan Institute of Medical Science, Islamabad which has been established as a new medical institution under the Health Division vide Resolution, dated 16-10-1986, has proceeded to make appointments of Medical Officers in various grades in violation of the rules laid down in SRO. No. 1203(1)/80, dated 29-11-1980. 3. It was contended by learned counsel for the appellant that the direct recruitments made by the Pakistan Institute of Medical Sciences are illegal and ultra vires. Relevant extracts of SRO are appended below:-­ "MINISTRY…

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