| Case ID |
03f48434-10fc-4006-b947-b389feaed25f |
| Body |
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| Case Number |
Writ Petition No. 1893-S of 1979 |
| Decision Date |
Oct 10, 1979 |
| Hearing Date |
|
| Decision |
The petitioners are confirmed Government servants, but their appointments were made within the period stipulated in section 12-A of the Civil Servants Act. They challenged the Government's order requiring them to appear before the Federal Public Service Commission to assess their suitability for retention in service. The court found that the Federal Public Service Commission Rules had not been specifically applied under section 12-A, making the petitioners' objection technically correct. However, the court also noted that if the Government adopted this procedure as a method of testing suitability, it could not be deemed without lawful authority. Ultimately, the court declared the impugned order to be without lawful authority, allowing the petitioners relief without costs. |
| Summary |
This case revolves around the Civil Servants Act (LXXI of 1973), specifically section 12-A, concerning the retention of service for confirmed Government servants. The Lahore High Court addressed the legality of a Government order compelling certain petitioners to appear before the Federal Public Service Commission for suitability assessment. The court determined that while the Government's procedure was beneficial, it lacked specific application under the relevant law, rendering the petitioners' objection valid. The decision highlights the balance between administrative discretion and legal rights of government employees, emphasizing that any procedure not explicitly mandated cannot be enforced. This case is significant in understanding the rights of civil servants and the limitations of governmental authority in personnel matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
GUL MUHAMMAD KHAN, J
|
| Lawyers |
Iqbal Kaukab,
Syed Iftikhar Ahmad
|
| Petitioners |
ABDUR RAUF AND 13 OTHERS
|
| Respondents |
FEDERATION OF PAKISTAN AND 2 OTHERS
|
| Citations |
1981 SLD 2203,
1981 PLC 340
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Servants Act (LXXI of 1973)
|
| Sections |
12-A
|