Law:

Section:

(a) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974------Rr.10-A, 10-B & 22---Constitution of Pakistan (1973) Art. 199---Writ of quo warranto, issuance of---Petitioner had sought a direction in the nature of writ of quo warranto against respondent who being a Grade 17 Officer was appointed by Secretary of the Provincial Government as Town Officer which was a post of Grade B.S.-19---Petitioner had not claimed any relief for himself, but had alleged that impugned order of the Secretary appointing the respondent on post of BS-19 was arbitrary and politically motivated---Secretary had contended that arrangement vide impugned order was temporary and had been made in public interest---Validity---Appointment on acting charge basis was contemplated by R.10-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 whereby senior most officer was entitled to be appointed to a post reserved for departmental promotion and that too on recommendation of Departmental Promotion Committee or Provincial Selection Board and under R.10-B of said Rules appointment on current charge basis would also be made on basis of seniority and senior most civil servant would be entitled to be promoted---Even for making ad hoc appointment under R.22 of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, there was requirement of advertising the vacancy in the newspaper---Impugned order, in circumstances, was not only contrary to Rules, but was also arbitrary---Impugned order was declared as without lawful authority with the result that said post would be deemed to be vacant to be filled in accordance with law applicable and Service Rules. (b) Administration of justice--- ----Rule of law---Public employment was no more bounty of the State or its functionaries---Rule of law was a cherished goal of any civilized society and it would remain illusory if abuse of administrative Authority would continue unabated. Dr. Sher Bahadur Khan Panee, M.B.B.S., P.M.S., Deputy Inspector-General of Prisons, Northern Range, Peshawar v. The Government of West Pakistan, through the Chief Secretary, West Pakistan Government Lahore and others PLD…

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