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MUHAMMAD IRFAN WAHID vs FEDERATION OF PAKISTAN through Secretary, Ministry of Commerce, Islamabad S — 2024 PLC(CS) 556 ISLAMABAD

Case information

Citation
2024 PLC(CS) 556 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
PLC
Parties
MUHAMMAD IRFAN WAHID vs FEDERATION OF PAKISTAN through Secretary, Ministry of Commerce, Islamabad S
Subject matter
Constitutional
Provisions referred to
S. 24-

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

MUHAMMAD IRFAN WAHID VS FEDERATION OF PAKISTAN through Secretary, Ministry of Commerce, Islamabad S.24-a---Civil service---Policy Guidelines for Selection, appointment and Posting of Trade and Investment Officers (BS-18 to BS-21) in Pakistan Trade Missions abroad, dated 03-07-2023---Selection criteria---Non-speaking order---Station of posting---Determination---Petitioner / candidate was in service of Pakistan and was aggrieved of allocation of place of foreign posting by Interviewing Board---Validity---Candidates were provided options to give their preferences in the Policy and that did not create vested right in them per se to be allocated that particular station---Where a candidate had qualified on merit and his preference of station was available, he had legitimate expectation that such option would be granted to him---Undertaking executed by petitioner / candidate did not debar him for asserting his right to be posted at station of his second preference---Reasoning put forward by authorities which formed basis for recommendations of the Board did not surface anywhere in minutes of meeting---Such minutes and recommendations of the Board were defective and also violative of S. 24-a of General Clauses act---High Court declared that recommendations made by Interview Board, to the extent of recommendation of appointment of petitioner / candidate at Riyadh (Saudi arabia), were in violation of the Policy---High Court directed Federal Government to act strictly in accordance with the Policy---Constitutional petition was allowed accordingly.

Other judgments reported in 2024 PLC

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