Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MAQBOOL AHMED VS Respondent: MILITARY ACCOUNTANT-GENERAL
1992 P L C (C
1992 P L C (C.S.) 949
[Supreme Court of Pakistan]
Present: Abdul Qadeer Chaudhry and Muhammad Rafiq Tarar, JJ
MAQBOOL AHMED and another
Versus
MILITARY ACCOUNTANT-GENERAL and 2 others
Civil Petitions Nos. 135 and 169 of 1991, decided on 11th February, 1992.
(On appeal from the judgment and order dated 18-3-1991 and 19-5-1991 of the Federal Service Tribunal, Islamabad, in Appeal No. 113-R/90 and Appeal No. 56-R./90 respectively)
(a) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973---
----R.3(1)---Petitioners' appointment as probationer accountants---Petitioners' failure to pass Accounts Promotion Examination culminated into giving them option either for accepting post of senior auditor or to be discharged from service---Petitioners' plea that they having been selected by Public Service Commission, were not liable to have passed any departmental examination-- Rules for appointment as probationers were also challenged---Advertisement for the post was made laying down terms and conditions---Petitioners fully knowing such terms and conditions had submitted applications---Petitioners, after qualifying tests were offered job; in letter of appointment it was specifically stated that they had to clear departmental promotion examination---Petitioners, thus, could not now turn somersault and state that the Rules were not applicable to them---Petitioners were disentitled to any relief.
(b) Civil Servants Act (LXXI of 1973)---
---S. 6(3)---Civil Servants (Appointment, Promotion and Transfer) Rules (1973), R.3(2)---Departmental examination---Validity of rules for appointment of probationer accountants---Departmental examination was a requisite qualification under the Rules and such requirement was laid down in S. 6(3), Civil Servants Act, 1973---Civil Servants (Appointment. Promotion and Transfer) Rules, 1973 having been framed by competent Authority in accordance with provisions of Civil Servants Act, 1973, were valid and legal.
(c) Civil Servants (Appointment, Promotion and Transfer) Rules 1973---
----R. 11---Permission to appear in C.S.S. examination---Denial of---Provision of R. 11, Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 postulates that a probationer would not be allowed to apply for any appointment outside the department during period of probation and also until he puts in five-years service after passing the departmental examination-- Petitioners having accepted such condition at the time of appointment, there was no violation of any rules by not permitting petitioner to appear in C.S.S. examination.
Ghulam Sarwar v. Pakistan PLD 1962 S.C. 142 ref.
Ahmad Raza Khan Qasuri, Advocate Supreme Court and Imtiaz M. Khan, Advocate-on-Record for Petitioners (in both petitions)
Ch. Ijaz Ahmed, Dy. Attorney-General and Ch. Akhtar Ali, Advocate-on-Record for Respondents (in both petitions).
Date of hearing: 11th February, 1992.