Federal Public Service Commission

2020 PLC(CS) 1558 ISLAMABAD Judicial Precedent

S.7(3)(d)Limitation Act (IX of 1908), Ss. 5, 14 & 29(2)Federal Public Service CommissionAppointment against the post of Section OfficerAppealLimitationCondonation of delayCandidature of appellant was rejected being ineligible to take part in the examinationAppellant moved review petition but same was dismissedValidityAppeal before High Court could be filed only against Commission's decision on a candidate's review petitionLimitation for filing an appeal before High Court was thirty daysAppellant had filed present appeal after six years

Appellant had moved application for condonation of delay and Court should decide the same first and if such application was allowed then case should be decided on merits

Section 5 of Limitation Act, 1908, did not apply on its own force to special or local laws but had to be made applicable to such laws through legislation

Legislature had not made S.5 of Limitation Act, 1908, specifically applicable to appeals filed under S.7(3)(d) of Federal Public Service Commission Ordinance, 1977

No provision of Limitation Act, 1908, had been made applicable to any proceedings under Federal Public Service Commission Ordinance, 1977, by the said Ordinance

Mere fact that Federal Public Service Commission Ordinance, 1977, did not expressly exclude the application of S.5 of Limitation Act, 1908, to the proceedings conducted under the said Ordinance would by itself not extend the application of S.5 of Limitation Act, 1908 to such proceedings

Federal Public Service Commission Ordinance, 1977 was a special law and application of S.5 of Limitation Act, 1908 had been excluded by S.29(2) of the said Act

Appellant's application under S.5 of Limitation Act, 1908, for condonation of delay in filing the present appeal was not maintainable in circumstances

Section 14 of Limitation Act, 1908, did not come to the aid of appellant who had been prosecuting his remedy against an appealable order before a wrong forum

Delay in filing appeal could not be condoned under S.14 of Limitation Act, 1908 in circumstances

Application for condonation of delay and appeal were dismissed.

1994 PLD 556 SUPREME-COURT Judicial Precedent

Admission to seek Central Superior Services Examination Rules, Rr. 12, 13 & 14Constitution of Pakistan (1973), Art. 212(3)Cabinet Secretariat Establishment DivisionOffice Memorandum No. 1/4/88-TV (Pt XIII) dated 21-4-1990Change of occupational groups/services

Change of services and reallocation of the groups after having opted to join a particular service group is not desirable for smooth functioning of the Government Departments

Civil servants who had completed training in their original allocated groups on the basis of C.S.S. Examination of 1987 and got posted in their respective groups could not seek aid of the Tribunal or that of the Supreme Court to get service groups re-allocated on the basis of their results in the 1989 C.S.S. Examination.

1994 PLC(CS) 946 SUPREME-COURT Judicial Precedent

Admission to seek Central Superior Services Examination Rules, Rr. 12, 13 & 14Constitution of Pakistan (1973), Art 212(3)Cabinet Secretariat Establishment DivisionOffice Memorandum No. 1/4/88-TV (Pt XIII) dated 21-4-1990-=-Change of occupational groups/services

Change of services and reallocation of the groups after having opted to join a particular service group is not desirable for smooth functioning of the Government Departments

Civil servants who had completed training in their original allocated groups on the basis of C.S.S. Examination of 1987 and got posted in their respective groups could not seek aid of the Tribunal or that of the Supreme Court to get service groups re-allocated on the basis of their results in the 1989 C.S.S. Examination.

1986 SCMR 283 SUPREME-COURT Judicial Precedent

Federal Public Service CommissionDirect recruitmentQualificationsRelaxation ofPetitioner praying for relaxation in qualifications prescribed for recruitmentMatter being within exclusive competence of Federal Public Service CommissionSupreme Court declined to interfere

Petition dismissed.

1981 PLC(CS) 340 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 12-A read with Federal Public Service Commission Rules, 1978, r. 4-Retention in service-Contention that petitioners being permanent Government servants, cannot be asked to appear before Federal Public Service Commission for judging their suitability to be retained in service-Held, Federal Public Service Commission Rules having not been specifically applied or adopted under section 12 of Act, objection of petitioner technically correct.

1961 PLD 457 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Federal Public Service Commission "Section Officers Scheme" framed by Government of Pakistan in August 1959-Consultation with Federal Public Service Commission dispensed with by S. 2, Pakistan Public Service Commission (Consultation by the Governor General) Regulations, 1953, read with Schedule thereof [as amended by Pakistan Government Notification dated 25th September 1959

]Persons appointed as Section Officers under the Scheme-Governed by cl. 4(c) of "Section Officers Scheme" in matter of appointment-Seeking approval of Federal Public Service Commission by means of examination-Not contrary to scheme-Constitution of Pakistan (1956), Art. 188.