Case Details

Citation(s)
1992 SLG 1040 1992 SLD 1040 1992 PLC 949
Supreme Court of Pakistan
Civil Petitions Nos. 135 and 169 of 1991, decided on 11th February, 1992.
ABDUL QADEER CHAUDHRY AND MUHAMMAD RAFIQ TARAR, JJ

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1992 P L C (C.S.) 949 MAQBOOL AHMED and another

VS

MILITARY ACCOUNTANT-GENERAL and 2 others 1992 P L C (C.S.) 949 MAQBOOL AHMED and another vs MILITARY ACCOUNTANT-GENERAL and 2 others

Law:

Section:

(On appeal from the and order dated 18-3-1991 and 19-5-1991 of the Federal Service Tribunal, Islamabad, in Appeal No. 113-R/90 and Appeal No. 56-R./90 respectively) (a) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----R.3(1)---Petitioners' appointment as probationer accountants---Petitioners' failure to pass Accounts Promotion Examination culminated into giving them option either for accepting post of senior auditor or to be discharged from service---Petitioners' plea that they having been selected by Public Service Commission, were not liable to have passed any departmental examination--­Rules for appointment as probationers were also challenged---Advertisement for the post was made laying down terms and conditions---Petitioners fully knowing such terms and conditions had submitted applications---Petitioners, after qualifying tests were offered job; in letter of appointment it was specifically stated that they had to clear departmental promotion examination---Petitioners, thus, could not now turn somersault and state that the Rules were not applicable to them---Petitioners were disentitled to any relief. (b) Civil Servants Act (LXXI of 1973)--- ---S. 6(3)---Civil Servants (Appointment, Promotion and Transfer) Rules (1973), R.3(2)---Departmental examination---Validity of rules for appointment of probationer accountants---Departmental examination was a requisite qualification under the Rules and such…
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