Q? General Headquarters \GT&E Branch FGEI (Cantts/Garrisons) Dte Sit Syed ha Rawaipind! Tele No: 51 No OAPF: rr (CA) ‘eb 2016 To. Secretary Federal Public Service Commission F.5/1, Agha Khan Road Islamabad FGEI (C/G) Regional Office, Rawalpindi Cantt Principal, FG Degree College, Attock Cantt Person concerned Info: Subj: NOC. Application for the Post of Lectut 8-17] - Case No.F.4-" 14-R Mr Nasir Abbas, Lecturer in Mathematics (BPS-17) FG Degree College, Attock ‘Cantt is permitted to apply for the post of Lecturer [BPS-17] in Federal Govt Colleges for Men, Directorate of Education, Islamabad, Capital Administration and Development Division, please. nw! Maj For Director (Muhammad Yussouf) No.04/PF-2302/15-FGEl (CA) dated A Feb 2015.Goneral Headquarters hy, IGT& E Branch, FGEI (C/G) Directorate Sir Syed Road Rawalpindi . sou Tele No: 5790892 3 tary No. O4/PF-1885/09-F Get (Ca) lunlab Public Service Commission 5 “aU LDA Plaza, Edgerton Road \ Near Aiwan-e-Iqbal - Lahore Info: Ag filha rted ww Fa Dep Rega ual] Lahore High Court (Rawalpindi Boneh . lal 2017, Pe 6- = Abbaye Fedoraion vt Paken in Writ Petition No.2286-2017 Qasver FGEI (C/G) Regional Office, Kharian Cant wit itr ‘No.FGIPF-10MROK/2017/2379 dt 21.07.2017 [ Principal, FG Degree College for Men, Kharian Cant Mr Qasver Abbas, Asst Professor, FG Degree College for Men, Kharian Cantt Subj Certificates _of Departmenial Permission for the Post_of Assistant Professor BPS-18) & ertisement, Your letter No.PPSC-RC-1-2017/240 dated 10 Oct 2017 refers. In pursuance of Honourable Lahore High Court (Rawalpindi Bench) Order dated 07 Sep 2017 in Writ Petition No.2286/2017 titled Qasver Abbas VS Federation of Pakistan etc, the Respondent No.2 i.e. FGEls (C/G) Directorate has decided the matter and thereby 2xcertificates: of departmental permission and experience certificates duly signed in respect ‘of Mr Qasver Degree College for Men, Kharian Cant are |_ 24 \ , Maj For Director (Mubanvnad Y ‘yssoul) Abbas, Assistant Professor of Biology [BPS-18), FG being issued herewith for necessary action, please. aa W.P No, 3199-2011. | Sana | Ullah Khan versus The Federation of Pax(stan etc No. of ——— | rder/ Date of Order with signatures of Judge, and that of sjarties or | OCeedting Proceading | ‘counsel, where necessary. | Tt | 27.01.2012 Mr. Ahsan Hameed Lilla, Advocate learned! counsel for the petitioner. Sardar Maqool Hussain, learned Standing Counsel and H| Mahrbaan Khan, Admin Officer. 4 The petitioner has prayed that the act of respondent | | No.2 declining his request to issue NOC for submission of | | an application and to appear in the eavndeen for | recruitment to the post of Lecturer nes the | Government of Punjab be declared as illegal and) without \ lawful authority and respondent No,2 be directed \to issue necessary Departmental Certificate and respondent No.3 be directed to interview him for the post applied for. It is | \ eS \ \ e tt contended that the petitioner is a resident of | District PSP, Bhakkar, who is presently serving as Lecturer in Chemistry in FG Science Degree College Wah Cantt since 245.2010, He applied for the post of Lecturer in BPS-17 and qualified the written test by securing 39 position. He was asked by respondent No.3 to appear for interview but he was rejected on the ground that he had not provides the ie Departmental Permission Certificate so he approached the \ . \ 5 ply | j . i \3 Articles 18, 25 & 27 af the Constitution of Inlamie Republic | of Pakistan, 1973 3. The Jeatned. Standing Counsel for respondonts i Nos & 2 has contended that the petitioner he under the terms an sServiees of civil senvan net by peleven! Y setvite Une 6 S8Me Group; that Mr, Kh him; that the Presented the same after expiry of the last date for of the applications, t under the terms af Service of the civil senvants an employee of the Fe Government in a specific group cannot be relieved to service he same pay scale of th same group but the can be rel ved to Join the post in the same @ of the | other groups place at higher pedestal of the Central Services. This means that the horizontal mobility in the Central serviees is restricted to the extent of the same Group only. However, there Is no such rest ' tion fon \ Seeking employment in the same pay scale in the Provincial Government, Respondent No.2 had granted Permission and issued NOC to Mr. Khalid Mahmood, Principal (B.S-18) FG Sir Syed College for Escalon Advisor (B.S-18). The contention that he had applied {or arse i \ BPS-19 Is absolutely false because the said post it a. — 0 =. fe 2 ~~ : TetPondent No.2 with an application to issue the letter but ‘Ne rejected the same with the con tention that L. {fo not permit the sami, 1 contonded that thelsald act is abdinst the fundamental rights provided of ibe 18 of the Islamic Republic of Pakistan, 1973; that defendant No.3 has been Issuing departmental permisions to Gifferent officers placed in the same conditions but ithas sic been withheld i his case tegalys that parents! of the Y | Petitioner are very old and sick and for this reason he wants to Join the service under the Government Of Punjab 5 his posting in or around Bhakkar would be possible; that he would be entitled to an extra amount of Rs.4,000/- Per month for M. Phil degree, ) 2. The learned counsel for the petitioner has retferated the above contentions. It is urged that Mr. \khalid Mahmood Principal (85-18) FG Sir Syed Boys sec inary School, Rawalpindi BPS-18 was granted permission to apply for the post of Education Advisor BPS-18 vided letter No.04-PF-01/77-FGEI(PS), dated 26” May, 2009 but the same has been withheld in case of the Petitioner without {1 any lawful excuse. It is urged that there is no restriction on the employees of the Federal Government tol seek employment in the Provincial Government and as such the application for the NOC cannot be turned down; that the petitioner had not entered into any bond requiring him to serve for any specific period; that the act of respondent No.2 is against his fundamental rights as guaranteed in aeWP No 3199-2011 4 ri te thus obvi thot the pettioner 19 eat Ped treated Even otherwise there yment on seeking ‘eqvally, no restrictgn on vil servants of the Federal Gave wervice on the same pay Scale in the Provincial Governnert under the terms and conditions referred above. The ltter ated 30.11.2011 showing that the petitioner is 4 propationer oF has submitted the application on the last dats the contents of the letter No.F.#-PFCCANS9S! Ie ogainst dated 19 September, 2011, wherein the only objection was that Me hod applied for the post in the same scale. Every otizan has the right to seek better service or service in the same tude and condusive scale, Keeping in view his own problems, Gb ircyinstances. The State should provide atmasphere to the civil servants so that they cpuld rencer services according to their best ability. The, petitioner, flung area who is highly qualified person belongs to a * from Islamabad. Besides economic constraints, t would after the members of his be his natural desire to look family including old parents. To withhold the necessary therefore, is unjust and without lawful reasons. In these circumstances, the petition is accepted and respondent No.2 is directed to issue — NOC as requested. Respond No.3 is directed give due ste issued and deal the matter permission, consideration to the Certifica strictly in accordance with its rules.