In January 2011, the provincial government appointed Sher Muhammad Khan to the post of DG of the department.
In violation
The petitioner, Muqarab Ali, challenged the appointment in PHC, claiming the promotion of Sher Muhammad was against rules and regulations.
His counsel said Ali was at a more senior post than the incumbent DG. Ijaz, the petitioner’s counsel, added the criteria for appointment of the DG gives preference to senior candidates. As a result, the petitioner was eligible to become DG. He said the selection committee recommended Sher Muhammad’s name to the chief minister.
The CM approved the recommendation and appointed Sher Muhammad as the livestock and dairy department’s DG.
He contended that his appointment was made in violation of recruitment rules 2009 as the committee was bound to fill the post based on merit.
He urged the bench to declare the appointment of Sher Muhammad as null and void.
Important questions
Justice Nisar Hussain, who was heading the two-judge bench, enquired about the academic background of the incumbent DG. The counsel replied Sher Muhammad was a doctor of veterinary medicine (DVM), while the petitioner has an MSc in seed-breeding. Hussain again asked if the post was only for DVM officials to which the respondent’s counsel replied in the negative.
Additional Advocate General Rabnawaz Khan, who was representing the government, said the appointment was made on fitness and terms and conditions of the criteria. He added a proper summary was sent to the CM for the appointment and it was approved.
Published in The Express Tribune, September 16th, 2016.
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