Law: Constitution of Pakistan, 1973

Section: 185(3),212(3)

Law: Constitution of Pakistan, 1973

Section: 185(3),212(3)

(a) Civil service--- ---Appointment of Sub-Engineer on work charge basis against leave vacancy---Withdrawal of such appointment order by Authority---Plea of petitioner that his appointment order could not be withdrawn without issuing him show-cause-notice or hearing him---Validity---Appointment of petitioner was not on regular basis through prescribed mode, for which he could not blame others as he himself had been approaching Chief Minister's Secretariat for such purpose---Record showed that petitioner had been exerting and mustering extraneous support and pressure for his appointment---Adoption of such devious means in securing employment in public service could not be countenanced---Acceptance of such plea of petitioner would mean revival of his appointment, which was void ab initio---Court could not give premium to any such illegality---Order of dismissal of petitioner's appeal passed by Service Tribunal was upheld by Supreme Court in circumstances. Secretary to Government of N.-W.F.P. Zakat/Social Welfare Department, Peshawar and another v: Sadullah Khan 1996 SCMR 413; Province of Punjab through Secretary, Agriculture, Government of Punjab and others v. Zulfiqar Ali 2006 SCMR 678 and Mian Tariq Javed v. province of Punjab through Chief Secretary, Government of Punjab, Lahore and 2 others 2008 SCMR 598 distinguished. (b) Constitution of Pakistan--- ----Arts. 185(3) & 212(3)---Petition for leave to appeal---Scope---Such petition would lie only on established principles governing grant or refusal of leave to appeal---Such jurisdiction could not be invoked for perpetuation of any illegality or injustice. JUDGMENT SAYED ZAHID HUSSAIN, J.---This is petition for leave to appeal under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973, against the judgment of the Punjab Service Tribunal dated 27-4-2009, whereby the appeal filed by the petitioner was dismissed. 2. The contention of the learned counsel is that the petitioner though was initially appointed against leave vacancy as Sub-Engineer, Vehari, yet his services were regularized/adjusted, later, whose order of appointment could not be withdrawn without any show-cause notice or hearing…

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