| Case ID |
3c9c02c9-bfd0-4d59-96d5-dc72c813229e |
| Body |
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| Case Number |
Writ Petition No. 3947 of 2018 |
| Decision Date |
Apr 24, 2019 |
| Hearing Date |
Mar 28, 2019 |
| Decision |
The Islamabad High Court ruled that the process of appointing Naib Qasids must adhere to local residency requirements as outlined in the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973. The court emphasized that local candidates holding domicile in Islamabad should be given preference in hiring processes. It was found that the respondent department had not followed the prescribed local basis for appointments, leading to a violation of candidates' rights. The court ordered the respondents to reconsider the entire hiring process and ensure that candidates with Islamabad domicile are prioritized in future appointments, thereby upholding the principles of fairness and transparency in civil service recruitment. |
| Summary |
The Islamabad High Court's decision in Writ Petition No. 3947 of 2018 addresses the critical issue of local hiring practices in Pakistan's civil service. The case arose from a challenge to the appointments made for Naib Qasid positions, where the petitioner argued that the selection process violated local residency requirements as mandated by the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973. The ruling highlighted the importance of adhering to local domicile provisions to ensure equitable opportunities for Islamabad residents. The court's directive to re-evaluate the hiring process underscores the need for compliance with established laws and fair treatment of local candidates, thus promoting transparency in public service recruitment. This decision resonates with ongoing discussions about employment equity and the significance of local representation in government jobs. The ruling is pivotal in reinforcing the legal framework surrounding civil service appointments, ensuring that local residents are not unjustly overlooked in favor of candidates from other regions, thereby safeguarding their legitimate rights to employment. The court's emphasis on domicile and local residency criteria is a crucial step towards fostering a more inclusive and representative civil service in Pakistan. |
| Court |
Islamabad High Court
|
| Entities Involved |
Islamabad Capital Territory,
Ministry of Religious Affairs
|
| Judges |
Mohsin Akhtar Kayani,
Muhammad Zaryab Ali
|
| Lawyers |
Barrister Mumtaz Ali,
Ms. Rakhshanda Younas,
Inam-ul-Haq
|
| Petitioners |
Ms. Zaib-un-Nisa
|
| Respondents |
Ministry of Religious Affairs, through Secretary, Islamabad and Others
|
| Citations |
2019 SLD 3129,
2019 PLC 1361
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Servants (Appointment, Promotion and Transfer) Rules, 1973,
Constitution of Pakistan, 1973
|
| Sections |
R.15,
R.16,
27,
27(2)
|