| Citation(s) |
|---|
| 2013 SLG 1821 2013 SLD 1821 2013 PLC 370 |
Balochistan High Court
Constitutional Petition No.22 of 2012, decision dated: 19-12-2012
QAZI FAEZ ISA, C.J. AND NAEEM AKHTAR AFGHAN, J
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Constitutional Petition No.22 of 2012, decision dated: 19-12-2012
QAZI FAEZ ISA, C.J. AND NAEEM AKHTAR AFGHAN, J
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MUHAMMAD JAN and 10 others
VS
SECRETARY HEALTH DEPARTMENT GOVERNMENT OF BALOCHISTAN and 2 others
Law:
Section:
(a) Civil Servants Act (XIV of 1973)--- ----S. 4---Constitution of Pakistan Arts. 199 & 212---Constitutional petition---Maintainability---Issuance of appointment letters in pursuance of approval granted by competent authority for appointment of petitioners against vacant posts on basis of recommendations of Recruitment Committee---Withdrawal of such approval by competent authority while directing to readvertise such posts---Such controversy did not relate to terms and conditions of service of petitioners, thus, remedy of appeal before Service Tribunal would not be available to them---Bar contained in Art. 212 of the Constitution, thus, would not restrain High Court from exercising its jurisdiction under Art.199 thereof. (b) Constitution of Pakistan--- ----Art. 199---General Clauses Act (X of 1897), S.24-A(2)---Constitutional petition---Civil service---Appointment---Issuance of appointment letters in pursuance of approval granted by competent authority for appointment of petitioners against advertised vacant posts on basis of recommendations of Recruitment Committee---Withdrawal of such approval by competent authority and submissions of joining reports by petitioners---Validity---Record showed that Recruitment Committee had unanimously recommended petitioners on merits---Such approval had already been acted upon as petitioners had been issued appointment letters on its basis and had submitted joining reports, when competent authority on fifth day of such approval had issued impugned order without assigning any reason---Appointment of petitioners on basis of such approval had given them vested right, which could not be taken away after having been acted upon---Nothing was available on record either to show any bias, mala fide or favouritism or to disprove initial presumption of correctness attached to official act of Recruiting Committee recommending petitioners---Appointment of petitioners was not illegal as per the record---Petitioners had been condemned unheard---Appointment orders of petitioners were still intact as there was no order terminating their service---Authority could withdraw impugned order before same was acted upon, but not thereafter---High…
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