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Repeating CSS competitive examination - Lawyers of Pakistan

Repeating CSS competitive examination

Citation Name : 2018 PLC(CS) 73 ISLAMABAD
Side Appellant : The CHAIRPERSON, NATIONAL COMMISSION FOR HUMAN DEVELOPMENT
Side Opponent : ABDUL JABBAR MEMON
Ss. 3, 5 & 7---National Commission for Human Development Employees Service Rules, 2006, Rr.14 & 29.02(1)(b)---Civil service---seniority ---Petitioners were employees of National Commission for Human Development and had assailed order dated 21-11-2016 whereby five other officials were given additional charge of respective posts---Petitioners contended that giving of additional charge had indirectly affected and prejudiced their rights in context of seniority and future prospects of promotion---Single Judge of High Court allowed petition and set aside notification dated 21-11-2016---Validity---National Commission for Human Development Employees Service Rules, 2006 were non-statutory rules---Giving additional charge of the post was not barred under National Commission for Human Development Ordinance, 2002 read with National Commission for Human Development Employees Service Rules, 2006, therefore, notification in question was not issued in violation of National Commission for Human Development Employees Service Rules, 2006---Provision of R.14 of National Commission for Human Development Employees Service Rules, 2006 was not attracted in case of giving additional charge of a post---Order assailed by petitioner through Constitutional petition had no effect of prejudicing their rights relating to seniority or promotion---Petitioners were not 'aggrieved' for purposes of Art.199 of the Constitution---Right of appeal was not available under National Commission for Human Development Employees Service Rules, 2006 against notification dated 21-11-2016 as it was not issued by a supervisory officer---Constitutional petition filed by petitioners was not maintainable and was devoid of merits--- Division Bench of High Court set aside order passed by Single Judge of High Court---Intra court appeal was allowed in circumstances.


Citation Name : 2018 PLC(CS)N 199 ISLAMABAD
Side Appellant : HASHIM KHALID MALIK
Side Opponent : FEDERATION OF PAKISTAN through Secretary Establishment Division
R. 7(4)---seniority , determination of---Repeating CSS competitive examination---Petitioner was selected in Office Management Group on the basis of competitive examination of CSS in year 2014-15---Subsequently, petitioner repeated his attempt in competitive examination of CSS in year 2016 and was allotted Inland Revenue Service---Plea raised by petitioner was that Office Memorandum dated 26-12-2016 was illegal and he was entitled to exemption from undergoing Common Training Program for the second time---Validity---Policy introduced by authorities in such circumstances had effected rights of candidates who qualified CSS examination with a repeater candidate in first examination as their inter se seniority would be effected---Authorities should make it clear to candidate opting for improving his marks obtained in CSS examination that his seniority would be determined from amongst candidates of second examination in a particular occupational group---High Court declared Office Memorandum dated 26-12-2016, whereby an officer of a particular occupational group, repeated his examination to improve his score was directed to undergo Common Training Program which he had already completed successfully, was declared illegal, unjust, result of an arbitrary exercise of authority, irrational, unnecessary and burden on public exchequer---On strength of already completed Common Training Program a repeater with improved score was not allowed seniority on basis of same and seniority had to be fixed amongst new batch in a particular occupational group---Any repeater showing his intent to improve score in Common Training Program could be allowed to join the same---Constitutional petition was allowed accordingly.

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