591/2018 Const. P. Okash Khalid Memon & Ors (Petitioner) V/S Province of Sindh & Ors (Respondent)
Sindh High Court
Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 18-FEB-20
Prime grievance of the petitioners is that Recruitment Rules, framed for the post of Secretary (BPS-17), District Regional Transport Authorities (DRTA) and notified on 13.7.2011, provide no room for posting of outsiders, but the respondents in deviation of aforesaid rules are posting the officers of other cadre against the post of Secretary (BPS-17), DRTA---Much emphasis has been laid that the post of Secretary, DRTA, can be filled by the officers of other cadres. We have also noticed that the six (06) posts of Secretary (BPS-17), RTA, and one post of Secretary (BPS-17), PTA, do fall within the ambit of cadre schedule in respect of posts to be filled by officers of PAS, Ex-PCS and PSS. As such, the aforesaid post can only be filled as per Recruitment Rules and subject to eligibility and entitlement, and not otherwise for the simple reason that Provincial Transport Department is a separate cadre and Recruitment Rules are already in the field. The said rules are framed in consultation with the Services, General Administration and Coordination Department, Government of Sindh in pursuance with sub-rule (2) of Rule 3 of the Rules, 1974. In view of the above, we do not agree with the contentions raised on behalf of the petitioners, therefore, the petition is dismissed with no order as to costs.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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