2023 PLC(CS) 158 ISLAMABAD

Case information

Citation: 2023 PLC(CS) 158 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: PLC
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

WASEEM KHURSHID VS FEDERATION OF PAKISTAN through Secretary, Ministry of Federal Education and Professional Training appointment, eligibility criteria---Scope---Petitioner, after failing to meet the eligibility criteria for the post of Director (Finance) (BPS-19), assailed eligibility criteria for promotion to the post on the ground that no Deputy Secretary or Deputy Director in the department had post- qualification experience of 12 year in BPS-17 or above including 5 years in BPS-18---Held; non-availability of candidate did not mean that appointment to the post of Director (Finance) (BPS-19) could not be made---Impugned notification clearly mentioned that if no suitable person was available for promotion, the post shall be filled by transfer from amongst persons possessing matching qualifications and experience as prescribed in Schedule IV and failing that by initial appointment---Nothing prevented the department from initiating the process of filling the post of Director (Finance) (BPS-19) by transfer if there was no Deputy Secretary or Deputy Director in the department who fulfilled the prescribed eligibility criteria for promotion to the post---Department could not be prevented from exercising its statutory power to change an eligibility criteria for appointment or promotion to any of the posts---Employee had no vested right for the prescribed eligibility criteria to remain constant and unaltered for all times to come---Constitutional petition was dismissed.

Other judgments reported in 2023 PLC

2023 PLC(CS) 605 KARACHI-HIGH-COURT-SINDHRASHEED AHMED VS PAKISTAN TELECOMMUNICATION COMPANY LIMITED O.II, R.2---"Cause of action"---Connotation---Expression "cause of action" means…
2023 PLC(CS) 1119 SUPREME-COURTDIVISIONAL SUPERINTENDENT, POSTAL SERVICES, D.G. KHAN VS NADEEM RAZA Misappropriation or embezzlement of public funds---Moral turpitude---Sc…
2023 PLC(CS) 1119 SUPREME-COURTDIVISIONAL SUPERINTENDENT, POSTAL SERVICES, D.G. KHAN VS NADEEM RAZA S. 5---Service Tribunal, powers of---Scope---Under Section 5 of the Ser…
2023 PLC(CS) 928 SUPREME-COURTFEDERATION OF PAKISTAN through Chairman Federal Board of Revenue FBR House, Islamabad VS ZAHID MALIK all judicial, quasi-judicial and admini…
2023 PLC(CS) 928 SUPREME-COURTFEDERATION OF PAKISTAN through Chairman Federal Board of Revenue FBR House, Islamabad VS ZAHID MALIK Remand of a case to the lower fora---Sc…
2023 PLC(CS) 860 SUPREME-COURTAMANULLAH KHAN VS HOSPITAL DIRECTOR, KTH (MTI), PESHAWAR Upgradation of a post---Scope---In order to justify the upgradation, the Government…

Back to the case-law library · Search Pakistani case law in Urdu or English