| Case ID |
22303280-f315-44e8-8368-843bc4f2aead |
| Body |
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| Case Number |
Intra Court Appeal No. 340 of 2017 |
| Decision Date |
Jun 21, 2018 |
| Hearing Date |
Mar 26, 2018 |
| Decision |
The Islamabad High Court, in its judgment, emphasized the importance of adhering to the established procedures outlined in the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 and the Civil Servants Act, 1973. The Court highlighted the necessity for all posts to be advertised and filled through a transparent selection process, particularly for BPS-16 and above positions, which must go through the Federal Public Service Commission (FPSC). The Court determined that appointments made without following these procedures would be considered illegal and directed that no ad-hoc or temporary appointments could be regularized unless they were conducted in accordance with the law. The judgment sets a precedent for future hiring practices in government positions, ensuring that all candidates are treated fairly and in compliance with constitutional mandates. |
| Summary |
This case revolves around the Islamabad High Court's scrutiny of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, and the Civil Servants Act, 1973, focusing on the appointment process for civil servants in Pakistan. The Court ruled that all positions, especially those classified as BPS-16 and above, must be advertised and filled through a transparent process, primarily through the Federal Public Service Commission (FPSC). The Court's decision emphasized that any appointments made in violation of these rules are illegal, thereby reinforcing the need for adherence to statutory procedures in public service employment. This ruling is pivotal in protecting the rights of civil servants and ensuring that hiring practices uphold fairness and legality. The decision is likely to influence future recruitment policies within Pakistani federal institutions, promoting transparency and accountability in public service appointments. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
AAMER FAROOQ,
MOHSIN AKHTAR KAYANI
|
| Lawyers |
D.A.G.,
A.A.G.,
Muhammad Nawaz,
Qaiser Masood,
State Counsel,
Muhammad Ramzan Khan,
Raja Zubair Hussain Jarral,
Ch. Abdul Khaliq Thind,
Sadaqat Ali Jahangir,
Ms. Shaista Altaf,
Rana Khawar Hussain,
Tariq Fazal Ch.,
Minister for CADD,
Masood-ul-Hameed,
Dy. Director (Legal), CADD,
Mehmood Ullah Farrukh,
A.D. (Legal), CADD,
S.M. Rehan Naqvi,
A.D. FDE,
Kamran Raffaqat,
DD (Legal) FPSC,
Additional Director (Law), FIA,
Muhammad Sohail Malik,
Additional Secretary, Ministry of Climate Change,
Syed Ali Raza Zaidi,
D.D. (Law), Ministry of Climate Change,
for Ministry of Science and Technology,
Umar Sajjad Chaven,
for Respondent (in I.C.A. No.397 of 2017),
for Ministry of Defence and Ministry of Finance,
for Respondents (in W.P. No.974 of 2017),
Slaim Baig,
Khurram Baig,
for Respondent No.4 (in W.P. No.33811 of 2017)
|
| Petitioners |
others,
IMRAN AHMED
|
| Respondents |
FEDERATION OF PAKISTAN,
others
|
| Citations |
2019 SLD 3426 = 2019 PLC 19
|
| Other Citations |
Muhammad Sarwar v. Government of Punjab 1990 SCMR 999,
PLD 2003 SC 724,
PLD 2001 SC 176,
2005 SCMR 100,
1993 SCMR 609,
PLD 1990 SC 99,
2009 SCMR 1,
2010 SCMR 253,
2009 SCMR 1169,
1997 SCMR 1514,
2015 SCMR 1257,
1985 SCMR 946,
2002 SCMR 71,
2002 SCMR 82,
2010 SCMR 739,
2011 PLC (C.S.) 419,
2011 PLC (C.S.) 1553,
2011 SCMR 1004,
2012 PLC (C.S.) 1220,
2016 SCMR 1375,
PLD 2014 SC 122,
2017 PLC (C.S.) 428,
Messrs Mustafa Impex Karachi v. The Government of Pakistan PLD 2016 SC 808,
Dr. Sher Wali Khan v. Dr. M. Hassan Khan Ammacha 1998 SCMR 969,
Walayat Ali Mir v. PIAC 1995 SCMR 650,
Abid Hussain v. PIAC 2005 SCMR 25,
Allah Yar v. General Manager Railways 2001 SCMR 256,
Mehar Muhammad Nawaz v. M.D. Small Business Finance Corporation 2009 SCMR 187,
Ikram Bari and others. v. NBP 2005 SCMR 100,
MD SSGCL v. Ghulam Abbas 2003 PLC (C.S.) 796,
Pir Imran Sajid v. Muhammad (Manager Finance) Telephone Industries of Pakistan 2015 SCMR 1257,
Dr. Muhammad Amjad v. Dr. Israr Ahmad 2010 SCMR 1466,
WAPDA v. Haji Abdul Aziz 2012 SCMR 965,
Senior Member BOR v. Sardar Bakhsh Bhutta 2012 SCMR 864,
Mustafa Impex, Karachi v. Government of Pakistan PLD 2016 SC 808,
Zahid Saeed v. DG Technical Education and Manpower Training, KP 2018 PLC (C.S) 387,
LMPEETOR-General of Police, Punjab, Lahore v. Ali Abbas and others 1985 SCMR 946,
Managing Director SSGC Ltd. v. Saleem Mustafa Sheikh PLD 2001 SC 176
|
| Laws Involved |
Civil Servants (Appointment, Promotion and Transfer) Rules, 1973,
Civil Servants Act, 1973,
Constitution of Pakistan, 1973
|
| Sections |
18,
20,
2(a),
2(e)(j),
5,
11-B,
199
|