According to Circular No. 17-GAD of 2016 Dated: 14.03.2016 Amendment in the Gazetted and Subordinate Service Recruitment Rules has been clarified by additional secretary to the government, Haris Ahmad Handoo, (KAS).
In terms of SRO-438 dated 11.12.2015, an amendment in the Gazetted and Subordinate Service Recruitment Rules was carried out by incorporating a provision for conducting written test by the selection agencies for selection against all the advertised posts.
To clarify whether SRO-438 dated 11.12.2015 shall be applicable to the posts advertised prior to 11.12.2015 (date of issuance of SRO-438), Department of Law, Justice and Parliamentary Affairs was consulted in the matter, which has advised as under:-
“Every law, rule, notification or order is effective prospectively unless there is an express provision for applying the same retrospectively. In other words, retrospective operation has to be expressly provided. Notification SRO 438 of 2015 has been issued on 1le December, 2015 and shall have a prospective effect. This notification will be applicable to the selections made after issuance of this notification and the selection Drocesses alreadv initiated before issuance of this notification is to-be conducted as per rules in vogue before issuance of notification SRO 438 of 2015.”
Accordingly, all the concerned selection agencies are advised to follow the aforementioned opinion of Department of Law, Justice & Parliamentary Affairs.