F.P. Report
PESHAWAR: Provincial Management Services Association (PMSA) has challenged Central Services Of Pakistan (CSP) services rules at Peshawar High Court.
Coordinator PMSA Fahad Ikram Qazi has filed writ petition before court and Ali Gohar Durrani Advocate will represent them in the honorable high court. In this regard three writ petitions have been already filed before honorable High Court.
The petitioners seeking interim relief from Peshawar High Court to direct the suspension of Notification Dated 12-03-2021 with further directions to the Respondents not to take any adverse action against the petitioners pending disposal of the instant writ petition. Grant any other relief deemed just and appropriate in the circumstances of this case.
The writ stating that to declare that the Federal Government does not have any authority to make rules regarding any post which is a “post in connection with the affairs of a Province”; under Article 240 (b), such rules can only be made pursuant to an Act of the relevant Provincial Assembly. To direct the Government of Pakistan and the Government of Khyber Pakhtunkhwa to implement the judgments of the Honourable Supreme Court reported in 2013 SCMR 1752 and 2015 SCMR 456 in terms of Article 187 of the Constitution in order to streamline the service structure of the Province and the Federation.
The writ petition prayer from honorable court to declare that the impugned rules 1954 violating Articles 146, 240 & 242 (2) of the Constitution and ultra vires the CSA, 1973, the KPCSA, 1973, Civil Servants (Appointment, Promotion & Transfer) Rules, 1973, Khyber Pakhtunkhwa Public Service Commission Ordinance 1978 and Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion & Transfer) Rules, 1989.
Secondly, the petitioner asking to declare that all subsequent Impugned S.R.O’s (1237 (I)/1973, 88 (I)/ 2014 & 1046 (I)/ 2020) amending the Impugned Rules 1954 are also violating Articles 97, 137, 240 & 242 of the Constitution and ultra vires the CSA, 1973, the KPCSA, 1973, Civil Servants (Appointment, Promotion & Transfer) Rules, 1973 and Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion & Transfer) Rules, 1989. The writ also seeking to assert that the Impugned S.R.O’s (1237 (I)/1973, 88 (I)/ 2014 & 1046 (I)/ 2020) and the Impugned Notification have been issued without lawful authority and are of no legal effect.
Thirdly, demanding to declare that the subsequent amendment in the Cadre Schedule of PAS (Establishment Division) encroaching and reserving certain posts in connection with the affairs of the province, through the Impugned Notification is ultra vires Article 240, the CSA, 1974 and the KPCSA, 1973.
Fourthly, the writ further seeking to declare that the KPCSA, 1973 does not recognize nor does it provide for any mode for reserving a post for a federal civil servant. The petition further stating to declare that the 1993 Agreement is non est and is further violative of Articles 240 & 242 of the Constitution and ultra vires the CSA, 1973 and the KPCSA, 1973. With further direction that Caretaker Government was not authorized to make decisions/appointments having effect on the working/policies of the future Government, which was likely to take over after the elections and thus the 1993 Agreement is not binding nor carries any sanction of the law.
