Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Advertisement for the post of Sanitary Workers in the newspaper---Non-issuance of appointment letter due to stay order granted by the Labour Court---Scope---Petitioner qualified for the post and was declared eligible for appointment and was placed at serial No.16 in the list---Nineteen candidates were issued appointment letters discriminating/ignoring the petitioner due to the fact that stay order had been issued and one seat was kept vacant---Keeping the said seat vacant was unjust and contrary to the rights protected under the Constitution---Stay order was granted in favour of worker of respondent-department who was performing his duty as a water-career and petitioner was eligible for the post of Sanitary Worker---Said two posts had no compatibility---Post against which petitioner was selected was published through an advertisement which had no nexus with stay order granted by the Labour Court---Withholding of appointment letter of petitioner was violative of rights accrued to him on account of his selection as an eligible/qualified/successful candidate---Authorities were directed to issue appointment letter to the petitioner and adjust/absorb him against the post to which he qualified---Constitutional petition was accepted in circumstances. ORDER SHOAIB SAEED, J.--- Brief facts of the case are that through advertisement dated 27-8-2010 published in the Daily Newspaper Khabrain, Multan, applications for various posts were invited by respondent No.3. At serial No.4 of the said advertisement 20 posts for Sanitary Workers in BS-I were also published. Petitioner applied for the said post and submitted his application. After scrutiny interviews of the applicants/candidates were conducted on 17-9-2010 where-after petitioner was declared as qualified for appointment and his name from the list of 29 candidates was placed at serial No.16. 2. From the afore-referred list 19 candidates were issued appointment letters for the post of sanitary workers, petitioner was ignored. He ran from pillar to post but was finally told that one Shahzad Alam working in TMA as daily wager had moved…

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