QAISER SHAH vs The GOVERNMENT OF KHYBER PAKHTUNKHWA, through Secretary Health, Civil Secretariat, Peshawar R — 2022 PLC(CS) 478 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PLC(CS) 478 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PLC
Parties: QAISER SHAH vs The GOVERNMENT OF KHYBER PAKHTUNKHWA, through Secretary Health, Civil Secretariat, Peshawar R
Subject matter: Service

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

QAISER SHAH VS The GOVERNMENT OF KHYBER PAKHTUNKHWA, through Secretary Health, Civil Secretariat, Peshawar R.10---appointment by initial recruitment---Scope---Petitioners of connected writ petition claimed that they were registered with the Employment Exchange prior in time but the department had illegally appointed the respondents without their due turn---Validity---Contention of petitioners was not tenable because second proviso attached to R. 10 of the Civil Servants (appointment, Promotion and Transfer) Rules, 1989, provided that appointment in Basic Pay Scale 3 to 5 shall be made on the recommendations of the Departmental Selection Committee through District Employment Exchange concerned---appointment of respondents was made on the recommendations of the Departmental Selection Committee and through the District Employment Exchange, which were mandatory requirements of the rule---Said rule had not made it mandatory that appointment of those candidates registered prior in time with the Employment Exchange shall be made on priority basis---When the law required a thing to be done in a particular manner the same should be done in that manner otherwise not---Constitutional petition was dismissed. Head Notes

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