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DR. RANA MUHAMMAD AKHLAQ versus FEDERATION OF PAKISTAN THROUGH SECRETARY, CABINET DIVISION

R6 Constitution Pakistan, Article 199 Constitution Petition Warrant, Applicants' writ was affirmed by the provincial government as Commissioner of Animals in Basic Scale 20, respondent was officer of Basic Scale 19 and It cannot be allowed to remain in the Basic Scale position. 20 The Secretary of Ministry who was not authorized authority to appoint against the post of Basic Scale 20, under the R6 of the Authorized Authority, Civil Employees (Appointment, Promotion and Exchange) Rules 1973, if the post in question were to be seen So after the Acting / Existing Charge, the same procedure was provided under R8 (b) (4) and (5) of the Civil Employees (Appointment, Promotion and Exchange) Rules, 1973. Ali has no inquiries. For a period of time, the High Court dismissed the defendants and directed them to return the salaries and other financial incentives received by them. Down accordingly has also supported the said appointment, yet it has not been answered as to how an officer of BS-19 was allowed to hold the post of BS-20 by the Secretary of the Ministry who was not the competent authority with particular reference to (2013 SCMR 1752). Under Rule 6 of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, the competent authority for appointment against a post of BS-20 is the Prime Minister of Pakistan. If the post is contended to be looked after through acting /current charge the said procedure is also provided under rule 8(B) (4) and (5) of the said rules. Since the said procedure was also not followed, hence I do not hesitate to hold that the respondent No.4 did not hold the said post for the said period in the prescribed manner and he was, therefore, a usurper and he is ordered to refund the salaries and other monitory benefits drawn by him in this behalf as per law laid down by the honourable Sup-reme Court of Pakistan in the case of Muhammad Yasin v. Federation of Pakistan reported as (PLD 2011 SC 132). 17. For the foregoing reasons, I hereby accept the writ petition and direct the respondent No.1 to take up the matter for initiating legal action against the respondents Nos.2 to 5 as per service and criminal laws. The respondents are also directed to submit compliance report through Registrar of this Court. Parties are left to bear their own cost. MH/2/Isl. Petition allowed.