Law:

Section:

(a) Rules of Business, 1973-- ---Rr. 3(3), 11, 12 & 15, Sched. II, item 12 & Sched. 5-A--Allocation of business of Federal Secretariat--Role of Establishment Division stated. In Item 12 of the Second Schedule appended to the 1973 Rules the Establishment Division in terms of allocation of business of the Federal Secretariat, as contemplated by Rules 3(3) of the said Rules, can inter alia formulate Occupational Groups in public service and regulate all matters of general applicability to such groups including recruitments, verification of character and antecedents, conduct and discipline, terms and conditions of service etc. Under rule 15(g) read with item 5(b) of Schedule V-A of the said Rules, Establishment Division is to submit a case of non-acceptance of the advice of the Commission to the Prime Minister for approval. Judged in the light of possibly relevant portions of rules 11, 15(g) read with Schedules II and Schedule V-A, ibid one does not fail to find that the case in hand does not fall under any of these provisions. To be a little more precise, rule 11(c) relates to initial appointments, other than those made through the Commission, while rule 11(f) deals with selection of Provincial employees for appointment in Federal Secretariat and Attached Departments. It implies a process other than through initial appointment, i.e. by transfer. So both the clauses are not relevant. (b) Civil Service (Appointment Promotion and Transfer) Rules, 1976-- ---R. 6---Establishment Division O.M. No. 3/3/59, dated 4-6-1960---Constitution of Pakistan (1973), Art. 199---Procedure for rejection of advice of Federal Public Service Commission---Referring Division i.e. Agricultural Division and Federal Public Service Commission agreed to the appointment of petitioner in Grade-20 Establishment Division through which recommendation was routed to President suggested rejection of Federal Public Service Commission nominee and secured order of rejection by the President---Effect---There being no disagreement between the referring Division i.e., Agricultural Division and the Federal Public Service Commission, there was no occasion to submit the case to President through…

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