UMAR JAN vs ABDUL JABBAR O — 2024 PLC(CS) 79 Gilgit-Baltistan Chief Court

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UMAR JAN VS ABDUL JABBAR O. XXXIX, R. 4---Government of Gilgit-Baltistan Order, 2018, Art.86(2)---Civil service---Application for vacation of status quo---Posts of teaching cadre (BPS-19) of Education Department, Gilgit-Baltistan, filled through Federal Public Service Commission ('FPSC')---Promotion of officer in the Education Department, matter of---Writ jurisdiction of the Chief Court was invoked by officers already serving in the Education Department against recruitment process, in which status quo maintaining order was passed---Applicants (intending candidates), who were waiting for final result after appearing for recruitment for the posts-in-question, filed application for vacation of status-quo maintaining order having been passed by the Chief Court---Contention of the applicants (for vacation of status quo) was that the respondents / writ-petitioners had misrepresented the facts to get status-quo maintaining order passed---Validity---Record (relevant office order notification) revealed that after promoting the officers of BPS-18 of Education Department to BPS-19 against promotion quota, the posts-in-question were sent to FPSC to fill the same against direct quota, while respondents / writ-petitioners had been promoted to BPS-18---Respondents / writ-petitioners were claiming promotion against the posts of BPS-19 even before completion of one year probation period , whereas as per recruitment rules for promotion against a post of an officer (BPS-19), 12 years service in BPS-17 and above or 05 years service in BPS-18 was required which respondents / writ-petitioners did not possess---Moreover, the FPSC had completed recruitment process of the posts-in-question and result was to be announced---Respondents / writ-petitioners had filed their writ-petition after about two months of announcement of schedule of interviews of the candidates by the FPSC---Respondents /writ-petitioners, thus , had failed to make out a good prima facie case and also had failed to show that irreparable loss would be caused to them if temporary injunction was not granted and balance of convenience was also not in their favour---Chief Court recalled impugned order having been passed in the writ petition filed by the respondents / writ-petitioners and status quo, granted in their favour by virtue of impugned order, was vacated---Application for vacation of status quo filed under O.XXXIX, R.4 of the Civil Procedure Code, 1908, moved by the candidates awaiting result, was allowed, in circumstances.

UMAR JAN vs ABDUL JABBAR O — 2024 PLC(CS) 79 Gilgit-Baltistan Chief Court

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