| Case ID |
d6207b21-2bb7-472c-8b98-51c0f1efba2d |
| Body |
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| Case Number |
C.P. No.D-2393 of 2019 |
| Decision Date |
May 23, 2019 |
| Hearing Date |
May 17, 2019 |
| Decision |
The High Court ruled that the appointment of Respondent No.4 as Director in BS-20 on Own Pay Scale basis was unlawful as he was a BS-19 officer. The Court emphasized that such appointments violate the law and should be filled according to the established procedures. The Court declared the notification of appointment as ultra vires and set it aside, leading to the declaration that the post was vacant and should be filled lawfully within two weeks. |
| Summary |
In the case of MANZAR HUSSAIN vs. FEDERATION OF PAKISTAN, the Sindh High Court addressed the legality of the appointment of a civil servant, Respondent No.4, who was appointed to a higher post without meeting the necessary qualifications. The Court examined the principles of locus standi under Article 199 of the Constitution, asserting that any individual can challenge the usurpation of public office. The Court found that the appointment violated the Civil Servants (Appointment, Promotion and Transfer) Rules, particularly Rule 8-B, which governs the filling of posts on an acting charge basis. The ruling emphasized that the law does not permit appointments on an Own Pay Scale basis unless proper procedures are followed. The judgment reinforces the importance of adhering to legal standards in public service appointments and protects the rights of qualified civil servants. As this case involves constitutional and administrative law, it highlights the significance of transparency and adherence to established regulations in government operations. |
| Court |
Sindh High Court
|
| Entities Involved |
Revenue Division,
Directorate General of Intellectual Property Rights Enforcement (South) Karachi
|
| Judges |
Aziz-ur-Rehman,
Adnan-ul-Karim Memon
|
| Lawyers |
Sarmad Hani for Petitioner,
Dr. Amjad Hussain Bokhari along with Shah Nawaz for Respondent No.4,
Muhammad Nishat Warsi, D.A.G.
|
| Petitioners |
MANZAR HUSSAIN
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary Revenue, Revenue Division, Ministry of Finance, Revenue, Economic Affairs, Statistics and Privatization, Islamabad and 3 others
|
| Citations |
2021 SLD 2872,
2021 PLC 1404
|
| Other Citations |
Salahuddin and 2 others v. Frontier Sugar Mills and Distillery Ltd. Takht Bhai and 10 others PLD 1975 SC 244,
Province of Sindh and others v. Ghulam Fareed and others 2014 SCMR 1189,
Mst. Iffat Nazir v. Government of Punjab and others 2009 SCMR 703,
Muhammad Asif Chatha and others v. Chief Secretary, Government of Punjab, Lahore and others 2015 SCMR 165,
Tariq Aziz-ud-Din and others: in re Human Rights Nos.8340, 9504-G, 13936-G, 13635-P and 14306-G to 143309-G of 2009 (2010 SCMR 1301),
Khan Muhammad v. Chief Secretary Baluchistan and others 2018 SCMR 1411,
Justice Khurshid Anwar Bhinder v. Federation of Pakistan PLD 2010 SC 483
|
| Laws Involved |
Constitution of Pakistan, 1973,
Civil Servants (Appointment, Promotion and Transfer) Rules, 1973
|
| Sections |
199(1)(b)(ii,
199,
8-B
|