Senior Member Board of Revenue, Khyber Pakhtunkhwa and others v. Habib-ur-Rehman and others

Background

Background

The Federal Constitutional Court held that executive authorities cannot bypass binding service rules through additional-charge appointments, and that Article 212 did not bar a writ enforcing those rules.

The Inspector General of Registration, Khyber Pakhtunkhwa assigned Sub-Registrar functions on additional charge to certain Tehsildars, Naib Tehsildars and Kanungos. Sub-Registrars and Head Registration Muharrirs challenged the arrangements as contrary to the statutory appointment and promotion Rules.

Questions of law

Questions of law

Whether the Inspector General of Registration could assign Sub-Registrar functions on additional charge to officers outside the prescribed feeder cadre, whether Section 6 of the Registration Act validated those assignments, and whether Article 212 barred the High Court's writ jurisdiction.

Supreme Court holding

Supreme Court holding

No. The binding service Rules required appointment to Sub-Registrar posts through the prescribed promotional cadre. The Inspector General's additional-charge assignments to officers outside that cadre were without lawful authority and could not be treated as Government appointments under Section 6 on the record. Article 212 did not bar Article 199 because the dispute concerned enforcement of mandatory Rules and the legality of executive action.

Final outcome

Final outcome

The Federal Constitutional Court found no legal or jurisdictional defect in the Peshawar High Court judgment. The petition was dismissed and leave to appeal was refused.

Practical effect

What the decision means in practice

The Federal Constitutional Court found no legal or jurisdictional defect in the Peshawar High Court judgment. The petition was dismissed and leave to appeal was refused.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

Key legal principles

Key legal principles

• Rules made under an Act are subordinate legislation with the force of law and remain binding until lawfully amended or repealed.
• An executive authority cannot bypass a prescribed appointment or promotion process by assigning duties on additional charge to officers outside the statutory feeder cadre.
• On the record in this case, an assignment by the Inspector General without Cabinet approval could not be treated as a Government appointment under Section 6 of the Registration Act, 1908.
• Article 212 does not bar Article 199 where the real controversy concerns enforcement of mandatory statutory Rules and the legality of executive action beyond lawful authority.
• The distinction between an ordinary individual service grievance and a public-law challenge depends on the true legal issue, not merely on the employment context.

Pakistan relevance

Pakistan relevance

This is a practical authority for service and constitutional litigation involving additional-charge appointments, deputations, temporary arrangements and breaches of statutory Rules. The exact enabling power, prescribed cadre, government approval and constitutional jurisdiction should be pleaded and proved from the governing record.