PESHAWAR, July 11: The Peshawar High Court on Wednesday allowed two writ petitions filed against an advertisement inviting applications from candidates for appointments as public prosecutors and superintendents in the prosecution directorate.

The bench, comprising Justice Shahjehan Khan Yousafzai and Justice Mohammad Raza Khan, observed that the provincial government had already informed it would fill the vacant posts in accordance with rules and the advertisement challenged by the petitioners had now become redundant.

One petition was filed by Shazada Khan and 27 other deputy public prosecutors. The other petition was filed by office assistant Said Habib and others.

The petitioners said that an advertisement issued by the home and tribal affairs department appeared in a local newspaper on Dec 23, 2005, which sought applications against 28 posts of public prosecutors and eight posts of office superintendents.

The petitioners contended that the said categories of posts could only be filled through promotions and not through fresh recruitments.

The high court had earlier stayed the recruitments and provided relief to the petitioners till disposal of the petitions.

Additional Advocate-General Khusdil Khan informed the bench that he had received a letter from the director-general prosecution which stated that the posts advertised in newspapers had been regularised and the finance department had given its approval. He said that after regularisation of the posts inquisition the impugned advertisement had become infructuous. He said that the government had said the regularised would be filled in accordance with the prescribed rules.

Senior Advocate M. Sardar Khan appeared on behalf of the petitioners and contended that the advertisement had been issued in violation of rules.The petitioners stated that under sub-rule 2 of rule 3 of the NWFP Civil Servants (Appointment, promotion and transfer) Rules, 1989, the appointment procedure should be as laid down by the department in consultation with the services and general administration department and the finance department.

The petitioners added that the home department had framed the service rules in the prosecution department under the NWFP Prosecution Service Rules, 2005 that came into force on Sept 24, 2005.

The petitioners contended that under the rules, the public prosecutors (BPS-18) could only be appointed through promotion from among the deputy public prosecutors.