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DAILY WAGES - Lawyers of Pakistan

DAILY WAGES

Citation Name  : 2019  PLC(CS)  403     ISLAMABAD
  Side Appellant : WASEEM RIAZ
  Side Opponent : MINISTRY OF CAPITAL ADMINISTRATION AND DEVELOPMENT (CADD)
     
 
S. 5---Civil servant s (Appointment, Promotion and Transfer) Rules, 1973, Rr. 10, 11, 12, 13, 14, 15, 16 & 17---Notification O.M. No.F.53/1/2008-SP dated 11-05-2017---Constitution of Pakistan, Art. 25---Recruitment policy---Petitioners were appointed on daily wages in various educational institutions and they sought direction to the authorities for their regularization---Validity---'Initial' appointment to a post described in S. 5 of Civil servant s Act, 1973 was covered under Part-III of Civil servant s (Appointment, Promotion and Transfer) Rules, 1973---Qualifications and other conditions relating to eligibility to a post were laid down by concerned Ministry or Division in consultation with Establishment Division---Posts were divided into 2 categories; in basic pay-scale 16 and above or equivalent and in basic pay scale 1 to 15 or equivalent---Appointment to former posts were required to be filled through tests and examinations conducted by Federal public Service Commission and in case of latter on recommendation made by Selection Committee of the relevant department after vacancies were advertised---Candidate for any post was eligible to be considered if he or she had possessed prescribed educational qualification, experience and other conditions---Age limit was also a relevant factor---All posts, whether permanent or temporary, were to be filled strictly in accordance with Civil servant s Act, 1973 and Civil servant s (Appointment, Promotion and Transfer) Rules, 1973--- New recruitment policy was not in conflict with Civil servant s (Appointment, Promotion and Transfer) Rules, 1973 while implementing new policy appointing authority was to ensure that provisions of Civil servant s Act, 1973 and Civil servant s (Appointment, Promotion and Transfer) Rules, 1973 were not violated in case of making appointments to posts described in S. 5 of Civil servant s Act, 1973--- Initial appointments of petitioners on daily wage basis were made in violation of principles of transpare ncy and were void as other similarly placed persons were regularized therefore, petitioners could not be treated alike--- Illegality could not be made ground for discrimination nor would give rise to rights being accrued in favor of petitioners---Petitioners were seeking their appointment as civil servant s under Civil servant s Act, 1973 and Civil servant s (Appointment, Promotion and Transfer) Rules, 1973---New recruitment policy approved by Federal Cabinet was not in conflict with Civil servant s Act, 1973 and Civil servant s (Appointment, Promotion and Transfer) Rules, 1973---Petitioners were in pay scale 16 and above and they were at liberty to apply directly to Federal public Service Commission in accordance with new recruitment policy, i.e. Notification OM No. F.53/1/2008-SP dated 11-05-2017---High Court while exercising Constitutional jurisdiction could not condone lack of transpare ncy and then allow illegality to perpetuate---Constitutional petition was dismissed in circumstances.

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