Daily Times

PESHAWAR: The Peshawar High Court (PHC) on Thursday reserved its verdict in appointment of Director General (DG) of Livestock and Dairy Development Department Khyber Pakhtunkhwa.

After changing rules, the provincial government has promoted Director Sher Muhammad Khan to the post of director general of the department in January 2011.

Petitioner Muqarab Ali, who was a senior than the DG challenged the appointment in Peshawar High Court and claimed that rules and regulations were violated by elevating Sher Muhammad to the post of DG. When the hearing began, petitioner’s counsels Ijaz Anwar and Zartaj Anwar argued that the petitioner was senior then the incumbent DG.

Ijaz argued that criterion for the appointment of director general was seniority-cum-fitness and if the criterion was followed the petitioner was eligible to be appointed.

He stated that the selection committee forwarded recommendation of Khan to chief minister who approved the recommendations and appointed him as DG Livestock and Dairy Development Department.

He contended that his appointment was made in violation of Recruitment Rules 2009 as under the said rules the committee was bound to fill the post on merit. He prayed the bench to declare the appointment of Khan as null. Advocate Waseemuddin Khattak, representing the director general, adopted that seniority point was not even mentioned in the petition by the petitioner.

Justice Nisar Hussain, who was heading a two-judge bench, inquired Khattak what was his academic background to which the counsel replied that he was doctor of veterinary medicines while the petitioner has M.Sc in seeds breeding.

Justice Hussain again inquired if the post was only for DVM officials to which the respondent’s counsel replied in negative. Khattak said that for the first time such appointments were challenged on seniority basis but would ascertain the criterion of seniority. He maintained that to ascertain this point there was tribunals created for it.

“Besides, its government’s discretion to appoint anyone who meet the criterion as director general,” he stated. He said that after 2009 the then provincial government has set up DG posts in the department while his client was appointed as DG in 2011. Additional Advocate General Rabnawaz Khan representing the government argued that his appointment was made on fitness and terms and conditions criterion. He stated that a proper summary was moved to the CM for his appointment which was approved.

Justice Syed Afsar Shah inquired Khattak was there any tenure policy to which AAG replied that a government servant could serve for three years but it was up to the government if it want to remove or continue him work on the post.

The bench after hearing the arguments reserved the judgment on the petition which would be announced later.