Abdul Rahman. Govt. of Khyber Pakhtunkhwa through Secretary Relief & others... BEFORE THE HON’BLE PESHAWAR HIGH COURT, MINGORA BENCH DAR-UL-QAZA, SWAT. Writ Petition No. 339-M/2021. VERSUS EX, .Petitioner Respondents S._ | Description Annexure | Page ; No. Nos. \ 1. | Para-wise Comments alongwith Affidavit = 14 2. | Section 6 (@) of the updated version of the Khyber Pakhtunkhwa | Annex-T [5-13 | Project Policy 2008. ; 3,_| PHC Judgment passed on 16/02/2021 in W.P No. 5756-P/2020 ‘Annex | 14-16 [4] PHC Judgment passed on 24/02/2021 in Writ Petition No. 405- ‘Annex | 17-19 | P/2021 3, | PHC Judgment passed on 24/02/2021 in Writ Petition No. 433- ‘AnnexIV | 20-21 P/2021 6. _| PHC short order 15.06.2021, regarding submission of Joint Para- = B wise comments by respondent No. 2 & 3. | 7. | Authority letter. = 23 (al Section Offteét (Lit) RR&S Deptt: Peshawar: oO - ad IN THE PESHAWAR HIGH COURT, MINGORA BENCH . = DAR UL QAZA) SWAT WP No.339-M /2021 Petitioner Abdul Rahman Versus Govt. of Khyber Pakhtunkhwa & others Respondents ISE COMMENTS ON BEHALF OFRESPONDENT NO. 2 & 3. PAR, Respectfully Sheweth: - inary Objections: - i |. That the petitioner has got no cause of action to file the instant petition. Il. That the petitioner has not come to this Honourable Court with clean hands. MW. That the instant Writ petition is not maintainable. IV. That this Honourable Court has got no jurisdiction to entertain the instant petition V. That the petitioner has no locus standi to file the instant Writ Petition. Vi. That the instant Writ Petition is liable to be dismissed as the same is bad at law and i facts. | Vil, That the instant Writ Petition has been filed with malafide intention VIll. ‘The petition is liable to be rejected on the ground of mis joinder and non-joinder of i ai necessary parties. Facts 1. Correct to the extent that the answering respondents have advertised these FILE TODAY Posts in 8PS-17 and 8PS-18 in leading newspapers. Nevertheless, its | | {| i imperative to clarify that these project posts in the Directorate General of 13 SEP 2021 Emergency Rescue Service (Rescue-1122) are required to be filled in ! accordance with the Khyber Pakhtunkhwa Project Policy 2008. | | Additional Registrats.joct to prea. : 3. Correct 4, No comments. | 5. Correct as laid down 6. Correct as laid down.A C. Incorrect, hence denied. On rece! @ testimonials/documents of the petitioner and it was found that he is ineligible for the subject posts, being overage for 5 years and 4 months. So, he was not called upon for the said interview. The Khyber Pakhtunkhwa Project Policy 2008 under the Section-6 (a) has clarified it with the following words; “A candidate for appointment to a project post must possess the prescribed minimum educational qualification and experience and they must be within the age limits advertised for the posts”. (Annex-!) It is pertinent to mention here that posts of District Emergency Officer BPS-18 have been filled up and the successful candidates have recently been posted on different stations after successful completion of mandatory training before the issuance of the interim order dated 15.06.2021 of this Hon'ble Court in the instant case. 8. As explained in para-7 of the Facts, so needs no further elaboration. 9. Respondents intimated the petitioner vide the referred letter that he is coverage by 5 years and 4 months. 10. That petitioner is not an aggrieved person according to Article 199 of the 1973 Constitution of Pakistan and the instant petition is liable to be dismissed on the following grounds amongst others inter-alia: GROUNDS Incorrect, hence denied. The refusal order is not illegal rather accordance with Khyber Pakhtunkhwa Project Policy 2008. Incorrect, hence denied. The age limit for the subject posts as per the advertisement 25 to 35 years while the petitioner is 5 years and 4 months overage. Section 6 (a) of the Khyber Pakhtunkhwa Project Policy 2008 substantiates the stance of respondents. 1g and checking the testimonials of the petitioner je for the advertised posts it was found that the petitioner is overage and was not el according to the Project Policy. D. Incorrect. The age relaxation policy is not applicable to the project posts and it has been further elaborated in WP no 5756-P/2020, WP no 422-P/2021 and in WP no eee IW & IV respectively). No comments, FILED TODAY 19 SEP 2021 Additional RegistrarPRAY! Iris, therefore, humbly prayed that on acceptance of this Para-wise \ ~~ Comments, the instant writ petition may be dismissed with cost, please. Dendent No.3 Pee 2D KPKdi BEFORE THE HON’BLE PESHAW. | BENCH DAR-UL-QAZA, SWAT. Abdul Rahman... VERSUS Govt. of Khyber Pakhtunkhwa through Secretary Relief & others. AFFIDAVIT Mr. Ali Khan, Section Officer (Litigation) (BS-17), Relief, Rehabilitation & Settlement Department, Khyber Pakhtunkhwa, Peshawar, do hereby solemnly affirm and declare on oath that the contents of the Joint para-wise comments are true and correct to the best of my knowledge and belief and that nothing has been concealed from this Hon’ble Court, Deponent: Identified by Sf Advocate General, Khyber Pakhtunkhwa Peshawar. pee See vem tated by ——— nlf 13 SEP 2021 ‘AdditionallRegistrarESTA CODE ESTABLISHMENT CODE KHYBER PAKHTUNKHWA (REVISED EDITION ) 2011 A COMPENDIUM OF LAWS, RULES AND INSTRUCTIONS RELATING TO THE TERMS AND CONDITIONS OF PROVINCIAL CIVIL SERVANTS COMPILED BY; (O&M) SECTION ESTABLISHMENT & ADMINISTRATION DEPARTMENT a tf“ . © In pusstiance of the provisions of Seetion-25 of the NWFP Civil Servants Act, and in supersession of all instructions issued previously on the subject from time to time, the competent authority has been pleased 10 approve the following policy. for compliance by all concord! in order to regulate appoimmtents to posts in approved development projects under the Govt, of North West Frontier Provi . KYLE AND COMMENCEMENT This policy may be called the “NWFP policy regulating appoirument to posts in development projects” a U shall apply to all posts in the approved development projcets funded fully oF partially by the Provinekal Government or controlled by the Provincial Government Gil) It shall come into force at once and shall not effect the terms sad conditions of the sta(V already working in the projects (@. NOMENCLATURE, PAY SCALIE/ PAY PACKAGE OF THE POS (As far as possible, nomenclature of the posts should be such that exists in the regular service cadres of the Department and for which service recruitment nutes have already been prescribed Gi) The educational qualification, experience, & age limit, seate of post, pay package, duration of appointment andl responsibitities ete of each ost sanetioned for the prajeet shall be prescribed! in the PC-L In ease the qualification, experienee & age limit are not given in the PC-, then this reattirement shall be completed by the Adiministrative Department in an objective way. (ili) Fixed pay package for project posts shill be sanctioned at the time of approval of PC-I with reference to the responsibilities attached with the post. Approximate fixed package wilh reference to various pay seales shail be as uncler:- SE] Pay Saale Tiked Salney 1. | Posis equivalent w@ BS CA Rs 7,000- 2 __| Posts equivalent BSS-10 Te0G00r 3_| Poss equivalons io BS 11-16 TS 7 | Posts equivaleni vo BS 135,000 5__| Poss equivalent BSS Te a0 000 G_| Poste equivatenr ia TID Te. 0007 ‘ F_ [Pass eawivalent to BRT T8000 S_| Poss equivalent HS-21 & above | Rs. 00,00 Ls oXii - ® ~3). PROCEDURE TO FILL THE Post, If the competent authority decides to meke appointment to @ project post thsaugh initial recruitment, the Following procedure shail be followed - (Applications for the posts shall be invited! through wide publicity in the print media. The advertisement shall be published in at least ovo leading news papers having wide circulation as well as through official website. i (i) Ar sonable time not tess than fifteen days may be given in the advertisement ng applications for the posts to provide adequate opportunity to eligible candidates to appl petition. However, in urgent | cases, time for inviting applications should not be tess than seven days trom the lite of publication of the advertisement, In ease the last date for receipt of applications falls on a pubtic holiday, the last date shall stand extended to the i next working day (iii) ‘Phe terms ane! conditions for appointment particularly the nomenelature of the post, pay scale o° pay package, duration and nature of appointment, duties and responsibilities as well as station of duty ete should be clearly advertises, (iv) Applications received for the post shall be scrutinized by the short listing committee constituted for the purpose (Para-8) ‘The scrutiny will be carried out in the light of record furnished by the applicant with particukar reference to his neademic quulification, experience, professional skills, age limits and other conditions advertised for the post () The concemed department will prepare the lists oF qualified sand eligible candidates who will be called for fest and interview by the concerned - Selection Committee. Reasonable time may be given to the candidates to appear for interview. ‘The names of those candidates who do not appear for interview shall be dropped from the selection process. (vi) Selection Commitiee (Para-7) shall interview the qualified and cligible candidates and shall deay a merit fist on the basis of academic qualification, experience, professional skills, and other conditions as well as marks obtained | - in the interview. (vii) The list containing order of merit of the candidates must be signed by the iicinbets oF the Committee including its chisirmn anc! forwarded 0 the Secretary of the department concemed to process cuse for approval of appointing authority - Gi) ‘The appointing authority shall approve appointment, in order of merit, on the recommenctations of the Selection Committee and orders in this regard shall be issued accordingly. In ease, the first candidate ou the merit list daes not join service within a period of one menth, offer of appointment may be extended to the next candidate on the merit list. 17 @® (ix) Staff appointed by initial recruitment in a project shall not be entitled to pension ar CP fund. ‘They shall also not be treated as a “civil servant”, () Project employees will receive medicu! allowance as per medica) attendee rules of the Provincial Government (si) They shall be entitled to TA/DA in accordance with the TA rules of the Provincial Government (4). Jn case the competent authority decides to fill a post by way of transfer of a reqular civil servant on deputation basis, the procedure laid down in paragraph below shal be followed:~ (Incase the post carries a detinite pay seule and the competent authority decides 40 fill the post on deputation basis, from aniongst the civil Servants holding regular appointment in the same pay scale, « denuutd will be pliced with the lending department to place the services of the civil servant concemed at the disposal of the Borrowing Department (i) The Lending Departinent witl consider the proposal «ind will normally allow the transfer of the eivil servant on deputation basis. The lencling department omy, however, regret the proposal in the exigency oF service and in public interest. (iii) Civil servants appointed against project posts on deputation basis shall receive project allowance equal to one basic saliry in fiew of deputation allowance. {iv) In ease of deputation of a Civil Servant to a project whici is fully funded by the Provincial Government, the pension contribution will - hot be a liability om the project and the Provincial Government will continue (0 make its payment. However. in other cases and modes of cleputation, the procedure in vogue regarding pensionary? leave and other service liabilities of the civil servant shall be followed () During deputation, the Civil Servant may ordinarily vacate the officially allotted residential accommodation, In ease they want to ain it, they shall pay house rent (0 the Goverment at market rates as preseribed by the Government from time to Lime. wi) Ci forthe sa it Servants who are in receipt of housing subsidy: shall be entitled facility even after their posting in a proje (vii) ‘The initial period of deputation shall be three years extendable for another two years on completion of whieh the deputationist shall be: repatriated to his parent department.6). APPOINTMENT OF CIVI 'S THROUGH COMPETITION. a Gi) Gi) wy a) (vi) (vil) wii) Any Civil Servant holding appointment on regular basis and possessing the minimum qualification, experience and fulfilling other conditions advertised, may apply for a project post through proper channel In case of shortage of time, @ Civil Servant may forward an advance copy of the application for the post and simultaneously submit application to the departmental suthority for permission which may be furnished before interviews for the post ure held. IV they could not produce departmental pennission at the time of interview, they shall hot be interviewed or considered for appointment 10 the post ‘The department concemed of the Civil Servant shall process hes/his application in time and may forward the same to the quarter concerned. s¢ the Civil servant is appointed to the post in open competition, he/he shall obtain extra ordinary leave before joining the project provided he/she is entitled for EOL as per the NWFP Civil Servants (Revised Leave) Rules, 1981, Moreover, she/he shall relinquish charge after relieving by the competent authority so that her/his pensionary and other service liabilities are not” accumulated against the Government for service rendered us such in the project Civil servants passing through probationary period snd those holding, appointment of} contract basis may apply for sul posts but in ease oF Lheir appointment, they shall resign from governnient service. On joining the project post on availing Extra-Onlinary Leave (Leave without pay) the Civil servant may vacate government resiclential accommodation allotted to hershint in case the project station is net the sane in which official residence has been provided to him. If sherhe wants to relain it, sherhe shall pay House Rent tw the Government at ‘market rate according to the prescribed procedure. (On completion of the project ar its conversion into current budget, the ices of the Project stal appointed on contract basis shall stand terminated. However, Government Servants serving inthe project on dept is or on EOE, {wit I be repatriated to {heir parent department Performance Evaluation Reports of the Goverment Servant shall be vwritlen by the concerned authorities during his appointinent in the project on deputation ba: (©. CRITERIA FOR SELECTION, & A candidate for appointment 10 a projeet post must possess the prescribed minimum educations! qualification and experienve must be within the age limits advertised for the post. b, A canuiceite shall be a citizen of Pakistan having domicile of NWEP or FATA, However, in case of « post requiring highly Technical and Professional qualification ané experience, the appointing authority, swith the approval of the next higher authority, may appoint a candidate domiciled of any other province or area ¢ Selection will be mace purely on meri! 10 be determined by the | selection committee on the basis of academic qualification, experience ie in accordance with he following. Criteria:- 1 Gnesil Cadre Professional Posts Ist Total Marks 60 O Marie oo til) Nawre 30 Pal » Gil) Matic 20 BAM Se 2 BAIBSe, 2» dx) Mace so FAMSe Bop BoaB.Se Bo oe MAM Se By 2 Ror Poufsssional Posts (9) Har Pour Bxsssinatign ft 2a Ist Professional 12 2nd Professional 2 3 Professional Bo Final Professional B12 1 (Gi) Fon Taso Esuuninations bs 3 Ist Professional 2» 1 2ra Processional 2» 6 10 Bal Professional » 6 Wu (Gii)dighee Quatiication One step 7 Marks Te steps B. Experience (in the relevant field LS. weryea) 15 Marks (Masimuin oars 15) Inter 9 Marks. © ‘Training course: Minimum three months training in the relevant field trom a University/Instivution recognized by the HEC or any Board of Technical [Education or any training institute established by the Federal Government of any Provincial Government 7 Marks a ‘The character and antecedents of the candidate appointment on eontinet, except in cn: ease their ACRS/PERS that the considered. all be verified before the Government servants in whase obitined belore their appointment shalk be b. The candidate for appointment should be medically examined by the Standing Medical Bousd or the Civil Surgeon, as the ease may be, except the Government servants, Agreement for contract appointment draws on the “proforma, attwched herewith, shall be signed, witnessed and placed on record. 0). Recruitment 0 the project posts shall be mace on the recommendations of Sclection Committees. Composition of Selection Committee for appointment to posts in different pay seates or equivalent posts will be as under:- 4) Forposis in BS-19 and above or equivalent posts, () [Additonal Chiet Seereany. NWF Chair (| Sesveary Establishment or bis noni the rank of Aitignal Secresny CY [Secretary Finan or his nominee nov below Ther ‘oF Additinnal Seer ] TH [Por Feclinieat posts, an expen Irom he Tecan | Member Departowats or public Secter University nary. be of with dhe Commitee. GH [Represennative of PLD noc Below the wank oF | Member Adtional Secretary (| Secretary oF the concerned sponsoring Depan notcconsiderednfor-yppoinunentybeirtmovergage instar ee isis thoush, henghailseslin i ca { BETA “ti ‘The learned AAG assisted b'Gthe learned th counsel for the added respondent staf that the x petitioner had applied for @ project post ands such, no. relaxation in the upper age can be granted tpi. 4. Arguments heard and the anifbte record perused ft 5 Rn apphiedfor thesprajectpose india Lien iRSTURE Prt pOsTSS *younas oC x& (DB) evi se Joie Quer tea xn 094 Hor, hte SM tg Shah iwanes” o ia 2ikecost eas ee | jedvertisement, the age limit for the said pfit is 21-32 years. In such: viceumstances, the =f of the leaned: courisel for the petitioner that a latter is , emiitled 10 age relaxation under a Khyber | Pakbiunkhwa faitis! Appointment to ivil Posts (Relaxation of Under Aye Limit Rules, 298) curries little weight as the seme apply to the regu posts and * ot the, project posts, ‘The provineéal zovsgpment has ls clarified vide notiticavon No. SOEMIRERAD)2- 5/2020 dated 07.10.2020. that the Rules ie ave not | applicable 10 Project Posts. As such, no ete is made out for the interference of this court enone present 5 petition. a A 6 CARER SA ay Baer i cutee I AARNE sass. . 4 Announced. ” 16.02.2021 MCE CHIEF JUS ‘sua eeagee” \ JUDGE Tae (DB) sow'hie ruse Quist Rastia Kian 3 ff ovat dances aninesteJudgment Sheet PESHAWAR HIGH COURT, PESHAWAR. (JUDICIAL DEPARTMENT) W.P.No.422-P/2021 with LR. Tarig Aziz VERSUS Government of KPK etc. JUDGMENT - 24/02/2021. Clerk of counsel for the petitioner. Date of hearing Respondents by —- Mr.Sikandar Rashid, Advocate. LAL JAN KHATTAK, J:- Petitioner has applied to this court for issuance of a writ directing the respondents to allow him to appear in the interview. 2. Petitioner had applied for the post of Station House Incharge (PBS-16) in the Emergency Service 1122. He appeared in ‘the written test but was not called for final interview for his being overage which act of the respondents he has assailed before this court through the present petition. 3. Respondents were directed to file their parawise comments which they have furnished wherein issuance of the desired writ has been opposed, 4, Though learned counsel for the petitioner has been served for the case and ATTESTEDYC his name appears in the cause list but despite that he did not appear before the court for hearing, therefore, we decided to take up the case for its hearing in absence of learned counsel for the petitioner particularly when the like case bearing W.P.No.405-P/2021 was argued at length by the learned counsel therein and the issue involved in both the petitions is one and the same. 5. Perusal of the case record would show that the petitioner was not called for interview on the ground that he was overage and as per section 6 (a) of the Government of Khyber Pakhtunkhwa Project Policy 2008, a candidate seeking appointment against. a project must possess the prescribed age limit which, as per the advertisement, was 18-30. 6 As the petitioner was not coming within the prescribed age limit, therefore, in line with the project policy mentioned above, he was rightly not called for the interview. While dectining to issue interview letter to the petitioner the respondents did @ AUWES TEE saeeaaaereeeeESD x & otha wanhtin ee ~@ not commit any illegality, therefore, the desired writ cannot be issued. 7. For what has been discussed above, this petition, being bereft of any merit, is hereby dismissed. 2 Announced, JUDGE bt.24/02/2021. MONBLE MRJUSTICE LAL JAN KHATTAK & HONSLEMUUSTICE SYED ARSIAD ALL JA PIE EL. Date of Presentation of Appl Date of Prey Date of Delivers ectived Bi,Judgment Sheet PESHAWAR HIGH COURT, PE (JUDICIAL DEPARTMENT) W.P.No.405-P/2021 with LR. Faisal Ihsan. VERSUS Government of KPK ete. JUDGMENT 24/02/2021. Mr.Ali Azeem Afridi, Advocate. Mr. Sikandar Rashid, Advocate. Date of hearing ~ Petitioner by Respondents by —- LAL JAN KHATTAK, J:- Petitioner has applied to this court for issuance of a writ directing the respondents to allow him to appear in the interview. 2. Petitioner had applied for the post of Computer Operator in the Emergency Service 1122. He appeared in the written & (A — test but was not called for final interview for his being overage which act of the respondents he has assailed before this court through the present petition. 3, Respondents were directed to file their parawise comments which they have furnished wherein issuance of the desired writ has been opposed. 4, Arguments heard and record gone through. yl QETESTED XAMINER Peshewar High Court ouCopying Tota 2 5. Perusal of the case record would show that the petitioner was not called for interview on the ground that he was overage and as per section 6 (a) of the Government of Khyber Pakhtunkhwa Project Policy 2008, a candidate seeking appointment against a project must possess the prescribed age limit which, as per the advertisement, was 18-30 6. As the petitioner was not coming within the prescribed age limit, therefore, in line with the project policy mentioned above, he was rightly not called for the interview. While deciining to issue interview letter to the petitioner the respondents did not commit any illegality, therefore, the desired writ cannot be issued. 7. For what has been discussed above, this petition, being bereft of any merit, is hereby dismissed. Announced. Dt.24/02/2021. LAL JAN KHATTAK & 26 FEB 2021GOVERNMENT OF KHYBER PAKHTUNKHWA RELIEF, REHABILITATION & SETTLEMENT DEPARTMENT Civil Secretariat, Police Lines Road, Peshawar. AUTHORITY LETTER Mr. Ali Khan, Section Officer (Litigation) (BS-17), Relief, Rehabilitation & Settlement Department, Khyber Pakhtunkhwa, Peshawar, is hereby authorized to attend the Hon'ble Peshawar High Court, Peshawar, in connection with submission of the Para-wise ‘Cominents in the case titled “Abdul Rahman Vs Govt. of KPK through Secretary Relief & others in WP#339-M/2021” on behalf of Secretary Relief, Rehabilitation & Settlement Department, Peshawar, being principal respondent of the instant case. secreey tbo Relief, Rehabil 3 anne, r& Setilement Department. @Court of. Case No, os Oc ae PESHAWAR HIGH COURT, MINGORA BENCH (-DAR-UL-QAZA), SWAT FORM OF ORDER SHEET Baral oa ever or posses i Dens Gf Oder or | da or lias Pr Sere wis Signa 0] ge ard Wa Pos or Conve RTE REREAD, Proceeding ra 15.06.2021 | CM _1065-M/2021 in W.P 339-M2021 Present: © Applicant/petitioner in person. tice ISHTIAQ IBRAHIM (J);- Through this C.M, the applicant’ Petitioner seeks early fixation of the main case. 2. The grounds mentjoned in the application, seems to be genuine, therefore this CM is allowed and main case is taken up for hearing in motion today, W.P 339-M/2021. Let the Respondent No.2 and 3 be ton notice to file their parawise comments within fortnight positively. | Adjourned. Int Relief Notice for 14.09.2021. Till then the respondents shall keep one post vacant. (JUDGE say Alin atai”—, (O.B) we. HON BLE MR JUSTICE WIQAN.