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1998 SCMR 2362

Malik MUHAMMAD IQBAL vs FEDERATION OF PAKISTAN through Secretary,

Citation1998 SCMR 2362
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,153 of 1995 Appeal No,443(R) of 1994
Date1995-10-15
Judge(s)Fazal Karim, Saeeduzzaman Siddiqui, Mukhtar Ahmed Junejo
ResultLeave granted

ORDER

' FAZAL KARIM, J.---The petitioner was appointed as Deputy Chief (Legal) in (B-19) in the Corporate Law Authority on 4th May, 1989. In 1991 the sixth respondent Mr. Abdul Rehman Qureshi, who was at that time serving as Joint Registrar, was appointed as Chief (Legal Affairs) in (B-20). According to the rules, in order to be appointed as Chief (Legal Affairs), a Deputy Chief (B-19) had to have five years' service for promotion as Chief (Legal Affairs). As the petitioner or for that matter none of the other serving Deputy Chiefs (Legal) in (B-19) had at his credit five years' service, the relevant rule was amended in the purported exercise of the powers given by rule 3(2) of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, thus paving the way for the appointment of the sixth respondent as Chief (Legal Affairs).

2. The contention, inter alia, is that the said amendment was inconsistent with section 9 of the Civil Servants Act, 1973 as also rule 8-B of the Civil Servants (Appointment, Promotion, and Transfer)

Rules, 1973. The petitioner contended that in case of conflict between Rule 8-B and the amendment made in exercise of the powers under rule 3(2) of the said Act, rule 8(B) will prevail and that entitled the petitioner to be appointed to the post of Chief (Legal Affairs) on acting charge basis.

3. Leave to appeal is granted to consider these contentions. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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