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Civil Petition for Special Leave to Appeal No. 151‑R of 1981, decided on 1st March. 1982.
(On appeal from the judgment and order of the Service Tribunal, Islamabad, dated 12‑5‑1981 in Appeal No. 67(R)/81).
---R. 6 read with Civil Servants Act (LXXI of 1973), Ss. 13(ii) & 25‑. Exercise of power by delegator ‑ Power to appoint having been, delegated to Establishment Secretary in r. 6 by President in exerciser of powers conferred on him by S. 25 of Civil Servants Act, 1973,such power if exercised by President himself as delegator no prejudice could be said to have been occasioned to petitioner, petitioner having already completed 25 years of service and thus providing foundation for exercise of power.‑[Civil services].
M. S. Siddiqi, Advocate and Imtiaz M. Khan, Advocate‑on‑Record for Petitioner.
Nemo for Respondent.
Date of hearing: 1st March, 1982.
‑In this petition, leave is sought on the ground that the .petitioner was not retired on his completion of 25 years of service by a competent authority who, in his case, was the Establish ment Secretary and not the President. In this connection he pointed out the re‑enacted rule 6 of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, wherein the Establishment Secretary was competent to make appointments of the Officers between Grades 17 and 19; and for those above these Grades, it was the President. As such, under section 13(ii) of the Civil Servants Act, 1973, it was the Establishment Secretary who could pass the impugned order.
This question was not agitated before the Service Tribunal, Islamabad, for its opinion, in the context of the objection, which could have been raised against it by the respondent and enquired into on the factual side. This omission appears to us to be fatal; but even otherwise we would like to point out that the power to appoint was delegated to the Establishment'. Secretary in rule 6 of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, by the President in exercise of the powers conferred on him by section 25 of the Civil Servants Act, 1973. Therefore, if such power was exercised by the President himself, as a delegator, no prejudice could be said to have occasioned for the appellant had already completed 25 years of service which thus provided a foundation for the exercise of such power.
Accordingly, this petition has no merit and is dismissed as being in competent under Article 13 of the Provisional Constitution Order, 1981.
Petition dismissed.
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