Petitioner has impugned appointment of Director, General "D.G.") Environmental Protection Agency, Punjab, Lahore Respondent No, 5). It is contended that the appointment of respondent No, 5 is in violation of Environment Protection department Services Rules, 1997 ("Rules"). He submits that respondent No, 5 was the Technical Advisor, HUD & PHE department, Government of the Punjab and was appointed through ransfer as Director General, Environmental Protection Agency "EPA"), Punjab Lahore vide notification dated 12.06.2015. It is submitted that under the Rules appointment of DG through transfer an only be made from amongst APUG/PMC officers and that espondent No, 5 is not from the said category of officers.
2. Learned Law Officer appearing on behalf of the environment Protection Department, has no plausible explanation to under, however, submits that above Rules are undergoing amendment d according to proposed amendment Respondent No, 5 is qualified to old the said post.
3. Learned Law Officers submit that entire department is undergoing a restructuring in the light of Ms. Imrano Tiwana and hers v. Province of Punjab and others (PLD 2015 Lahore 522) and e may be given to restructure the department. They submit that a memory to this effect has been put up before the Chief Minister and e hopeful that it will be decided in the next few weeks.
4. I have heard the learned counsel for the parties. Relevant vision of the Rules is as follows:-- Name of the DepartmentFunctional UnitName of the postAppointing AuthorityMinimum qualification for appointment byMethod of RecruitmentAge for initial RecruitmentExamination Training 8 other conditions required for confirmation/promotion Initial appointment Promotion Min Max 1 2 3 4 5 6 7 8 9 10 Environment Protection Department (EPD)Environmental Protection Agency (EPA)1-A)
Director General (BS-20)Chief MinisterPh.D in Environ mental Sciences/Environmental Engineering from a recognized University with ten years experience in Projects relating , to environ mental issues along with two publican one in HEC recognized Research journal. (i) By promotion on the basis of selection on merit from amongst the Directors (BS-19) having the minimum length of service for promotion to BS-20 as may, from time to time be prescribed by the Govemment.
(ii) If none is available by promotion then by initial recruitment or by transfer by APUG/PMS officers.32 45 Senior Mangment course
5. The above Rules show that an officer can be transferred to the post of Director General, EPA from amongst APUG/PMS officers. Admittedly Respondent No, 5 does not fall within the said class of officers. Submission that said Rules are under amendment has no relevance at this stage besides even if they were to be amended they cannot take a retrospective effect. Therefore, this submission has no force.
6. As far as submission of learned Law Officer that entire department is undergoing restructuring in the light of the aforesaid judgment, let the same continue, however, that does not restrict or bar this Court from examining the appointment of Respondent No,
5. No other plausible explanation or justification has been given to justify the appointment of Respondent No, 5 as Director General, EPA.
7. From the above it is clear that the appointment of Respondent No, 5 has been made in violation of the Rules, therefore, appointment of Respondent No, 5 is declared to be illegal and without lawful authority. Reliance is placed on Barrister Sardar Muhammad v. Federation of Pakistan and others (PLD 2013 Lahore 343) and Muhammad Yasin u. Federation of Pakistan through Secretary, Establishment Division, Islamabad and others (PLD 2012 S.C. 132).
8. Government is directed to appoint the Director General, EPA at the earliest strictly in accordance with law. This writ petition is allowed with no order as to costs.