NADEEM ABBAS vs CHIEF COMMISSIONER, ICT, ISLAMABAD Paras 3 — 2025 CLC 1585 ISLAMABAD

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NADEEM ABBAS VS CHIEF COMMISSIONER, ICT, ISLAMABAD Paras 3.6, 3.7 & 3.11, Chapter 3---Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, R. 11---Constitution of Pakistan, Art. 199---Constitutional petition---Appointment of Patwaris as per Land Record Manual and policy---Exclusion of concept of test and interview in such appointments---Legality---Petitioners being holder of Patwar Certificates were aggrieved of non-inclusion of their names for the last 10 years in the list/registered maintained under Para 3.6 of Land Record Manual containing the record of qualified patwaris of Islamabad Capital Territory (ICT) and since due to inaction of the Revenue Officer they had become overage, thus, they sought relaxation in age for such appointment---Validity---Apparent mistake and negligence was on the part of administration of the ICT, who were claiming that petitioners were over age and any person, who was of more than 35 years of age, was not entitled to be enlisted in the register of patwaris---A person cannot benefit from his own wrong and giving benefit of a wrong to a wrongdoer would be against the administration of justice---Petitioners could not suffer for the wrongdoing of administration of ICT as they filed their applications before the Collector of the ICT for registration of their names in the register, but petitioners' credentials had not been verified from relevant quarter for the post of patwari, which was the primary duty of the respondents---Under rules and the procedures for appointment of the revenue staff, ICT had to promulgate their own rules for appointment of revenue staff in ICT and the basic qualification and procedure provided in Land Record Manual was strictly applicable unless the law had been changed---Any appointment contrary to the Land Record Manual or any other direction in this regard was considered to be doing of thing against the particular manner provided in the law---All the positions in district courts, district administration, ICT and local offices, whose territorial jurisdiction was only within the ICT having no nexus with provinces were considered to be local posts, which had to be filled in from all those residents of Islamabad having domiciled of ICT---Constitutional petition was disposed of with the directions to Chief Commissioner and District Collector, Islamabad, to include the names of the petitioners after necessary verification w.e.f. 2010 and also to decide their application qua age relaxation.

NADEEM ABBAS vs CHIEF COMMISSIONER, ICT, ISLAMABAD Paras 3 — 2025 CLC 1585 ISLAMABAD

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