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IN THE PESHAWAR HIGH COURT, PESHAWAR

W. P No._______/2015

Muhammad Ayaz, Acting Director, Monitoring & Evaluation M&E

Dte. P & D Department Govt. of Khyber Pakhtunkhwa
.Petitioner
Versus
1.

Director General Dte. of Monitoring & Evaluation, P & D

Department, Govt. of Khyber Pakhtunkhwa.

2.

Secretary, P & D Department, Govt. of Khyber Pakhtunkhwa.

3.

Additional Chief Secretary, Govt. of Khyber Pakhtunkhwa.

4.

Govt. of KPK through Chief Secretary

..Respondents

WRIT
PETITION
UNDER
ARTICLE
199
OF
THE
CONSTITUTION OF PAKISTAN FOR THE APPOINTMENT AS
DIRECTOR,
MONITORING
&
EVALUATION,
P&D
DEPARTMENT GOVT. OF KPK ON REGULAR BASIS
PRAYER AND CLAIM IN PETITION:-

IT IS HUMBLY PRAYED THAT STAY MAY BE GRANTED TO CONTINUE

THE ACTING POST OF DIRECTOR MONITORING & EVALUATION. THE
RECRUITMENT PROCESS MAY BE STOPPED AND ORDER MAY BE
ISSUED TO THE APPOINTMENT AS DIRECTOR M & E ON MERIT BASIS
W.E.F. 02.07.2012 WITH FULL BENEFITS.

Respectfully submitted as under:

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1.

The facts, in short, relevant to the instant writ petition are that
the post of Director Monitoring & Evaluation, P&D Department
became vacant during the month of April 2011 on the
resignation of Mr. Ahmad Ali the than Director.

2.

That the petitioner Mr. Muhammad Ayaz s/o Berader Khan was
appointed as Director M & E vide Office Order No. P&D/M &
E/3-1/1/2009-10/5861-65 dated 04.05.2011 and assumed the
charge of the post of Director Monitoring & Evolution in M & E
Dte. Peshawar in acting charge basis in his own pay scale and
till date working on the position with full zeal & zest and entire
satisfaction of the superiors.

3.

That after carrying out the necessary procedure, first the post
advertized on in order to fill the post on regular basis.
The petitioner / acting Director also applied alongwith other
candidates but unfortunately due to the molafide intention of
the authorities concerned, the position was re-advertised
without any lawful justification. It is relevant to mention that
in the received applications / CVs, the acting Director was on
top with relevant experience and academic record.

4.

That after re-advertisement through P.O Box No date a

number of applications were received and again the acting
Director

applied

being

the

most

suitable

and

eligible

candidate but again the blue eyed candidates of the

authorities were far behind as compare the petitioner and
once

again

all

the

rules

and

regulation

violated

and

advertisement was cancelled without any lawful justification,

which resultantly loss the government exchequer including
the violation of rights of the petitioner.

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5.

That for 3rd time the position was advertised vide dated .
This time the short listing process was completed and call
letters for interview were also issued to eligible candidates
including the petitioner.

6.

That the interview was held on 02.07.2012, wherein the

petitioner was topped on the merit list with highest score of
79 marks while 2nd candidate Mr. Mian Sajid Gul secured 70
marks. It will be very helpful to mention that only 8 marks
were kept for interview. With due apology having no uncle the
petitioner,

hence the candidate with 65 marks namely Mr.

Arshad Zia was tried to be selected as successful candidate

and may be the decision was not too easy for the authorities,
the selection committee decided to re-advertise the position.
7.

That the petitioner against such unlawful decision of the

Committee, submitted various appeals at different level
including D,G M&E, ACS, CS, Minister for P&D and Chief
Minister of KPK but all in vain and finally after passing more
than three years period, the post re-advertised in national
press.

8.

That the present situation is that the petitioner again applied

and remained on the top of the list but the short listing
committee wrongly short listed an ineligible candidate namely
Mr. Shehzad on special directives from higher ups. So, once
again there is chance to violate the rights of the petitioner and
breach rules and regulation.

Grounds:-

a.

That making advertisement again and again is out of the

routine procedure, without any lawful justification are bad in
the eyes of law, facts and material available on the record;

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hence the current process may be stopped and the acting

Director / petitioner allowed to continue the position till the
decision of the Honorable High Court.

b.

That the petitioner fulfilled all the required criteria and eligible
/ qualified for the post and every times, remain on top but due
to political influence and personal interest of the authorities
concerned the position is re-advertised, which is not justifiable
and against the general recruitment policy.

c.

That the petitioner working on the post as above since May2011 with the entire satisfaction of the superiors, which is
cogent proof of his capability and professional soundness.

d.

That the present process and short listing is also controversial

and against the merit policy.

e.

That ineligible candidate namely Mr. Shehzad has been short

listed and likely to be appointed as Director M&E, which will
resultantly destroy the performance of the Department as he
not having the minimum required experience for the said post,
totally contrary to the ground of reality and merit.

g.

That all appeal submitted by the petitioner at various forum

were not heard, hence there was no other option except to
approach this Honrable Court for seeking justice.

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h.

That the other grounds relating to the subject matter of Writ

Petition will be discussed and taken at the time of argument
before this Honble Court.

Prayer:

Under the circumstances, it is respectfully prayed that

stay may be granted to continue the acting post of
Director monitoring & evaluation and the recruitment
process may be stopped and order may be issued to the
concerned department for appointment as Director M &
E on merit basis w.e.f. 02.07.2012 with full benefits.

Any other relief, which this Honorable Court may

deem proper and expedient, in the interest of justice, be
also granted to the appellant.

PETITIONER

Muhammad Ayaz, Acting Director, Monitering & Evaluation M&E

Dte. P&D Department Govt. of Khyber Pakhtunkhwa

Through
(Barrister, Zahid Khattak)
Advocate Supreme Court of Pakistan.