Assistant BS-14 to BS-17 as A.A.O against promotion post in PMAD illegal & unlawful Appointment on deputation & his subsequent posting at the same time as Section Officer (BS-17/18)
That appointment of Mr. Fahad Suleman an Assistant (BS-14) of MoD by transfer/deputation on 3-step higher as Assistant Accounts Officer (BS-17) in PMAD against reserved promotion post. At the same time his subsequent posting as Section Officer (BS-17/18) in the MoD is illegal, unlawful, without lawful authority, viod-ab-initio and worst example of misuse and abuse of lawful powers in a unlawful manner. Date fixed for regular hearing in Lahore High Court Rawalpindi Bench 12.9.2019.
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Appointment by transfer shall be made by selection from amongst the person holding appointment on the regular basis under the Federal Government in the same basic pay scale in which the post to be filled exists, provided that the person concerned possesses the qualification and experience prescribed for initial appointment to the post concerned" (emphasis provided).
That it is crystal clear that the respondent No. 1 has been illegally appointed on deputation against the post of Assistant Accounts Officer (BPS-17) meant to be filled through promotion and thereafter has been illegally posted as Section Officer (BPS-17) in the Ministry of Defence from where he has been illegally taken on deputation.
That the respondent No. 1 an Assistant (BPS-14) could not be considered and appointed on three step promotion / higher as Assistant Accounts Officer (BPS-17) even under Section 10 of the Civil Servants Act, 1973.
That appointment of Mr. Fahad Suleman an Assistant (BS-14) of MoD by transfer/deputation on 3-step higher as Assistant Accounts Officer (BS-17) in PMAD against reserved promotion post. At the same time his subsequent posting as Section Officer (BS-17/18) in the MoD is illegal, unlawful, without lawful authority, viod-ab-initio and worst example of misuse and abuse of lawful powers in a unlawful manner. Date fixed for regular hearing in Lahore High Court Rawalpindi Bench 12.9.2019.
Hearing update: 12-09-2019
Before Mr. Justice Mirza Viqas Rauf, Lahore High Court, Rawalpindi Bench
Court Hearing 12-09-2019 update
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Hearing update: 30-06-2019
Before Mr. Justice Mirza Viqas Rauf, Lahore High Court, Rawalpindi Bench
یاد رہے کہ آخری پیشی ۲۰ جون ۲۰۱۹ء کو اِسی معزز عدالت نے غیرقانونی طور پر تعینات سیکشن افسر فہد سلیمان کو کہا تھا کہ آپ کا وکیل کہاں ہے تو مسئول الیہ نے کہا کہ میرا وکیل یہی ڈپٹی اٹارنی جنرل ہیں، جس پر فاضل جج صاحب نے سخت ریمارکس دیتے ہوئے کہا کہ آپ پرائیویٹ حیثیت میں پارٹی ہیں، آپ کو پتہ ہونا چاہیے، لہذا اگلی پیشی پر اپنا وکیل پیش کریں۔ جس پر عدالت نے موسم گرما کی چھٹیوں کی بعد ۱۲ ستمبر ۲۰۱۹ کی تاریخ مقرر کر دی تھی۔
Why file the Writ Petition
According to this writ of quo warranto, the petitioner prays before this honourable court to inquire from respondent No. 1 / Fahad Suleman to show and explain that under what authority of law he is holding the post of Section Officer (BPS-17) Ministry of Defence, Rawalpindi while originally he belongs to Ministerial Staff / cadre and is Assistant (BPS-14) in the Ministry of Defence, Rawalpindi and was illegally posted by transfer on deputation on three step higher / promotion as Assistant Account Officer (BPS-17) by Military Accountant General (MAG) / respondent No. 2 vide order / letter No. 296/AN/902-241(MOD) dated 31.05.2016 and he assumed the charge of the post of AAO (BPS-17) on 31.05.2016 in AN Section, in the Office of the MAG, Rawalpindi from where he was again posted in the Ministry of Defence as Section Officer (BPS-17). Copy of the impugned Office Order of posting / joining of respondent No. 1 on deputation on three steps higher / promotion to the post of Assistant Accounts Officer (AAO) (BPS-17) dated 01.06.2016 in the office of MAG from the post of Assistant (BPS-14).PMAD Appointment, Promotion and Transfer Rules 2014 (amended)
That according to Military Accounts Department (Appointment, Promotion and Transfer) Rules, 2014 / method, qualification and other conditions laid down for appointment to the posts of Accounts Officer (BPS-18), Assistant Accounts Officer (BPS-17) and Senior Auditor (BPS-16), notified vide S.R.O.31(I)/2014, dated 10th January, 2014, published in the Gazette of Pakistan dated 18.01.2014 the posts of Assistant Accounts Officer (AAO) (BPS-17) in Pakistan Military Accounts Department, Ministry of Defence, Rawalpindi according to Rule-2 thereof are to be filled 100% by promotion.Appointment by transfer shall be made by selection from amongst the person holding appointment on the regular basis under the Federal Government in the same basic pay scale in which the post to be filled exists, provided that the person concerned possesses the qualification and experience prescribed for initial appointment to the post concerned" (emphasis provided).
That it is crystal clear that the respondent No. 1 has been illegally appointed on deputation against the post of Assistant Accounts Officer (BPS-17) meant to be filled through promotion and thereafter has been illegally posted as Section Officer (BPS-17) in the Ministry of Defence from where he has been illegally taken on deputation.
That the respondent No. 1 an Assistant (BPS-14) could not be considered and appointed on three step promotion / higher as Assistant Accounts Officer (BPS-17) even under Section 10 of the Civil Servants Act, 1973.
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