Law:

Section:

Civil Servants Act (LXXI of 1973)-------S. 9---Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, Rr. 3(2) & 8(b)---Constitution of Pakistan (1973), Art. 212(3)--­Appointment in Corporate Law Authority as Chief (Legal Affairs) would require Deputy Chief to have five years' service at his credit for such promotion---None of serving Deputy Chiefs having five years' service, relevant rule was amended in purported exercise of powers given by R.3(2), Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, thus, paving way for appointment of respondent as Chief (Legal Affairs)--­Validity---Contention, inter alia, was that said amendment was inconsistent with S.9, Civil Servants Act, 1973 as also R.8(3), Civil Servants (Appointment, Promotion and Transfer) Rules, 1973---Petitioner maintained that in case of conflict between R.8(b) and amendment made in exercise of powers under R.3(2) of the Rules, R.8(B) would prevail and that would entitle petitioner to be appointed to post of Chief (Legal Affairs) on acting charge basis---Leave .to appeal to Supreme Court was granted to consider petitioner's contentions. Petitioner in person Raja Muhammad Bashir, Deputy Advocate-General for Respondents Nos. 2 and 3. Raja Muhammad Akram, Senior Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate-on-Record for Respondent No. 6. Nemo for the Remaining Respondents Date of hearing: 15th October, 1995. ORDER FAZAL KARIM, J. ---The petitioner was appointed as Deputy Chief (Legal) in (B-19) in the Corporate Law Authority on 4th May,…

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