Case Details

Citation(s)
2007 SLG 1610 2007 SLD 1610 2007 PLD 381
Supreme Court of Pakistan
Civil Appeals Nos.2227 of 2005 and 1629 of 2006, decision dated: 23rd January, 2007
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., MIAN SHAKIRULLAH, JAN AND SAIYED SAEED ASHHAD, JJ
Muhammad Arif Raja and Farooq Amjad Meer, Advocate Supreme Courts for Appellants (in C.A. No. 2227 of 2006).

MUHAMMAD SHAKOOR AND REHAN SAFDAR

VS

FEDERAL PUBLIC SERVICE COMMISSION and others

Law:

Section:

(a) Competitive Examination Rules, 1996--- ----R. 6(iii)(i)---Constitution of Pakistan (1973), Art. 185 (3)---Leave to appeal was granted by Supreme Court to consider as to which of the clauses of R. 6 of Competitive Examination Rules, 1996, were attracted to the facts and circumstances of the case. (b) Competitive Examination Rules, 1996--- ----R. 6(iii)(i)---Domicile certificate, use of---Change of domicile---Appellants earlier joined Provincial service on the basis of Punjab domicile but subsequently they applied for Central Superior Services against domicile of Azad Jammu and Kashmir---Federal Public Service Commission informed the appellants that their domiciles for the Province of Punjab were accepted---Order passed by the Commission was assailed before High Court in Constitutional jurisdiction but of no avail---Validity---High Court had rightly observed that Government service did not mean only service of Federation of Pakistan but it also included service of Provinces which had been accepted/joined by appellants on the basis of domicile certificates of that area---Once a person had expressed his intention to be a domicile of a particular area, under the provision of R.6(iii)(i) of Competitive Examination Rules, 1996, such person could not change his place of domicile certificate subsequently for the purpose of getting better benefits--High Court was justified in not issuing writ in favour of appellants---Appeal was dismissed. Muhammad Yar Khan v. Deputy Commissioner Political Agent, Loralai 1980 SCMR 456 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C J.---Listed appeals are by the leave of the Court. Leave granting order from one of the appeals (C.A. No.2227 of 2005) is reproduced hereinbelow:-- "After hearing the learned counsel for the petitioner as well as the learned Deputy Attorney General for Pakistan, we grant leave to appeal to consider as to which of the clauses of Rule 6 of the Rules for Competitive Examination, 1996, were attracted to the facts and circumstances of the case." 2. Facts of both the cases are reproduced as follows from the impugned judgments in W.Ps. No.19477 of 2000 and 24015 of 2000. W.P. No.24015 of 2000 The petitioner claims to be…
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