THE ISLAMABAD HIGH COURT ESTABLISHMENT (APPOINTMENT AND CONDITIONS OF SERVICE) RULES, 2011
[Gazette of Pakistan, Extraordinary, Part-II, 20th May, 2011]
S. R. O. 442 (I)/2011, dated 14.5.2011.—In exercise of the powers conferred by Article 208 of the Constitution of Islamic Republic of Pakistan (1973), the Chief Justice of Islamabad High Court with the approval of the President of Pakistan, has been pleased to make the following rules namely: —
1. Short title, application and commencement.—(1) These rules may be called "The Islamabad High Court Establishment (Appointment and Conditions of Service) Rules 2011".
(2) They shall apply to all persons borne on the establishment of the Islamabad High Court.
(3) They shall come into force at once.
2. Definitions.—(1) In these rules unless there is anything repugnant in the subject or context,—
(a) "Administration Committee" means the Administration Committee of the High Court;
(b) "Administration Judge” means a Judge who is member of the Administration Committee of the High Court or any other judge who is nominated by the Chief Justice to deal with specific matters connected with the establishment arising out of these rules;
(c) "Appointing Authority" means the Chief Justice and includes any other Judge or the officer nominated or designated by the Chief Justice in this behalf and mentioned in column 2 of the Schedule;
(d) "Board" means a Board of Intermediate and Secondary Education established by law in Pakistan or any other educational authority or institution declared by Government to be a Board for the purposes of these rules;
(e) "cadre" means a group of posts in the establishment identifiable by their common designation or nomenclature;
(f) "Chief Justice" or "Judge" shall respectively means the Chief Justice or Judge of the Islamabad High Court. Islamabad;
(g) "Court staff means an officer and staff of the High Court who holds a post of establishment or has been appointed to such post, but does not include a person who is appointed against any post in the High Court by transfer or on deputation from any other service, department or organization and also a person who is employed on contract, or on work charge basis, or who is paid from contingencies;
(h) "Departmental Promotion Committee" means a committee constituted under these rules;
(i) "Establishment" means the establishment of the High Court comprising the posts mentioned in Part-Il and the schedule;
(j) "Government" means the Federal Government;
(k) "High Court" means the Islamabad High Court;
(l) "initial recruitment" means appointment made otherwise than by promotion or transfer;
(m) "pay" means the amount drawn monthly by any officer or staff of the High Court as pay and includes technical pay, special pay, personal pay and any other emoluments declared as pay by the Competent Authority;
(n) "permanent post" means a post sectioned without limit of time;
(o) "post" means a post borne on the strength of the establishment included in Part-II and the Schedule to these rules;
(p) "prescribed" means prescribed by these rules;
(q) "recognized university" means any university established by or under a law in Pakistan or any other university which may be declared to be a recognized university by the Higher Education Commission;
(r) "Registrar" means the Registrar of the High Court or any other officer of the Court to whom the powers and functions of Registrar are delegated or assigned by the Chief Justice, from time to time;
(s) "Schedule" means the Schedule to these rules;
(t) "Selection Authority" means any Authority on the recommendation of which any appointment or promotion, as the case may be is made and includes Selection Board, or a Selection Committee or Departmental Promotion Committee;
(u) "Selection Board" means a Selection Board constituted under these rules; and
(v) "Selection Committee" means a Selection Committee constituted under these rules;
(2) The words and expressions used, but not defined in these rules shall have the meanings assigned to them by the General Clauses Act, 1897 (X of 1897).
ESTABLISHMENT AND APPOINTMENT
3. Establishment.—(1) The establishment of the High Court shall consist of officers, officials and other staff as provided in Schedule, having qualifications, experience and other conditions as contained therein.
4. Appointments.—(1) Appointment to a post shall be made by initial recruitment, promotion or transfer or on deputation as prescribed by these rules by the Appointing Authority.
(2) No person shall be appointed to a post unless he is a citizen of Pakistan.
(3) A candidate for appointment to a post shall possess the prescribed educational qualifications, experience and fulfill other conditions as enumerated in the Schedule.
(4) In case of initial appointment a person also be within the age limit as mentioned in Rule 5 or fixed by the Appointing Authority from time to time:
Provided that prescribed experience shall include equivalent experience in the service of a governmental organization as may be determined by the appointing authority.
(5) The members of other Services posted on deputation in the Islamabad High Court may apply for absorption in the establishment and the Chief Justice may order their absorption and appoint them on the posts for which they are eligible under these rules:
Provided that the seniority of members so appointed shall reckon in the manner as may be determined by the Chief Justice.
5. Age limit.—(1) No person shall be appointed through initial recruitment if he is less than twenty-one years and more than thirty years of age:
Provided that a candidate shall be entitled to relaxation in upper age limit in accordance with such rules as may be made by the High Court from time to time.
(2) In the case of a Government servant who has served in connection with the affairs of the Federation or the Provinces, or an officer serving in the legal departments of statutory organizations, this rule shall not be applicable.
6. Appointment of child of deceased member of a Court staff.—Notwithstanding anything contained to the contrary in any rule, whenever a member of Court staff dies while in service or is declared invalid or incapacitated for further service, any one of his unemployed children may be employed against a post in BPS-1 to 15 for which he possesses the prescribed qualification and experience in relaxation of selection procedure under these rules.
7. Recruitment Committee, Departmental Promotion Committee and Selection Board.—(1) The Chief Justice may constitute one or more Recruitment Committees to recruit suitable persons for their appointment and a Departmental Promotion Committee to select for appointment by promotion to such posts in BPS-1 to BPS-15 as may be specified by him from time to time.
(2) The Chief Justice may constitute a Selection Board to select for appointment through initial recruitment and by promotion to such posts in BPS-16 and above as may be specified by him from time to time:
Provided that the Chief Justice may, by a special or general order, refer a post to the Selection Board for making its recommendations for a selection.
(3) The Chief Justice shall determine the composition of Selection or Departmental Promotion Committee or Selection Board and the procedure to be observed by them.
(4) The Chief Justice may authorize Selection or Departmental Promotion Committee or Selection Board to formulate a procedure to recruit and select suitable persons for appointment to any post.
(5) Where an appointing authority, other than the Chief Justice, does not accept the recommendation of a Selection or Departmental Promotion Committee or a Selection Board, it shall record the reasons therefrom and obtain orders of the Chief Justice and act accordingly.
PROCEDURE FOR INITIAL RECRUITMENT AND APPOINTMENT THROUGH PROMOTION AND TRANSFER
8. Initial recruitment.—(1) Initial recruitment to all posts shall be made after proper advertisement of the vacancies in the newspaper having wide circulation and in any other manner to be determined by the Chief Justice or subject to his approval by the Selection Committee or Selection Board, as the case may be, and the applications of the candidates received whereof shall be scrutinized accordingly.
(2) Initial Recruitment to all posts in BPS-1 to BPS-15 shall be made on the basis of test and interview to be conducted by the concerned Selection Committee in the manner as determined by the Chief Justice or subject to his approval by the Selection Committee itself.