| Citation(s) |
|---|
| 2013 SLG 1834 2013 SLD 1834 2013 PLC 530 |
Supreme Court of Pakistan
Civil Appeal No.447-L of 2009, decision dated: 18-09-2012
ANWAR ZAHEER, JAMALI AND SH. AZMAT SAEED, JJ
Muhammad Anwar Gumman, Advocate Supreme Court for Appellant. Muddasar Khalid Abbasi, Assistant Advocate-General, Punjab.
Civil Appeal No.447-L of 2009, decision dated: 18-09-2012
ANWAR ZAHEER, JAMALI AND SH. AZMAT SAEED, JJ
Muhammad Anwar Gumman, Advocate Supreme Court for Appellant. Muddasar Khalid Abbasi, Assistant Advocate-General, Punjab.
KHURRAM IQBAL
VS
DEPUTY DIRECTOR FOOD, D.G. KHAN and another
Law:
Section:
Civil service--- ----Removal from service---Appointment to the post despite failing to meet the required minimum grade (division) in degree---Principles---Holding further qualification would not relax the requirement of minimum grade (division) in degree---Minimum educational qualification for the post in question was Matriculation with a second division---Appellant admitted not having the said qualification at the time of his selection and appointment but contended that he also had passed his F.A. (Intermediate) examination, therefore, without taking into consideration his further educational qualification, he could not have been non-suited and removed from service on account of lack of minimum qualification for the post---Validity---Appellant did not have the minimum required educational qualification for the post in question---Mere holding of F.A. (Intermediate) qualification would not do away the basic requirement of Matriculation in second division, therefore, Service Tribunal was justified in dismissing appeal of appellant---Supreme Court observed that out of about 140 candidates, who had applied for the post in question, the appellant, who even lacked the basic qualification was interviewed and found suitable for appointment despite the fact that it was beyond the jurisdiction of the appointing authority to give any relaxation in the matter of minimum required qualification meant for the post in question---Appeal was dismissed in circumstances. Government of Punjab v. Zafar Maqbool Khan 2012 SCMR 686 rel. JUDGMENT ANWAR ZAHEER JAMALI, J.---This civil appeal, with leave of the Court, arises out of the judgment dated 21-1-2009, in Appeal No.1594 of 2008, passed by Punjab Service Tribunal, Lahore ("the Tribunal"), whereby said appeal of the appellant, agitating his grievance regarding his removal from service and seeking further relief of reinstatement in service, was dismissed, precisely on account of the fact that he lacked the basic qualification of matriculation in second division from a recognized board for the post of Food Grains Supervisor (BS-6), against which he was earlier selected and appointed vide appointment letter dated 30-6-2006. 2. Mr.…
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