Case Details

Citation(s)
2014 SLG 181 2014 SLD 181 2014 PLC 623
Sindh High Court
Constitutional Petition No. D-293 and C.M.As. Nos. 36687, 932 of 2013, decided on 31st July, 2013. Date of hearing; 24th July, 2013.
FAROOQ ALI CHANNA AND AFTAB AHMED GORAR, JJ
Bakhshan Khan Mahar for Petitioner. Barrister Zamir Ghumro for
Respondents Nos.1 and 2.

NADEEM AKBAR

VS

PROVINCE OF SINDH through Secretary, Local Government Department and 2 others

Law:

Section:

Sindh Councils Unified Grade Service Rules, 1982--- ----R. 4(2)(ii)---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Appointment---Locus standi---Process of recruitment in Sindh Local Government Board---Role of Provincial Public Service Commission---Scope---Contention of the petitioner was that advertised posts in Sindh Local Government Board were to be filled in through Sindh Public Service Commission---Validity---Petitioner challenging the recruitment process had neither applied for any advertised post in question nor he was civil servant, therefore, Constitutional petition was not maintainable---Contention of the petitioner that appointment in Sindh Local Government Board could only be made upon the recommendations of Sindh Public Service Commission was without substance---Constitutional petition was dismissed. Fazal Ahmed Samtio v. Province of Sindh 2010 PLC (C.S.) 215 rel. Dr. Naveeda Tufail v. Government of Punjab 2003 SCMR 291; Shoukat Ali v. Federal Public Service Commission 2010 PLC (C.S.) 455; Shaikh Zayed Hospital and Post Graduate Medical Institutes v. Dr. Muhammad Saeed 2010 PC (C.S.) 976; Dr. Pirzada Jamaluddin Siddique v. Federation of Pakistan 2012 (C.S.) 996; Inman Hussain v. Water and Power Development Authority PLD 2010 SC 546; 2011 PLC (C.S.) 548; Ehsan Ullafi v. Inspector-General of Police, Punjab, Lahore 2006 PLC (C.S.) 964 and Madhya Pardesh Public Service Commission v. Navnit Kumar Potdar AIR 1995 SC 77 ref. ORDER FAROOQ ALI CHANNA, J.--- The petitioner through this Constitutional Petition seeks the following relief(s): (a) To declare that the procedure adopted by the respondents in conducting the interview and by-passing the written test for the post of TOS/Chief Officers is in contravention of the law and Rules and does not create any right in favour of the candidates who have been declared successful. (b) Restrain the respondents from issuing offer letters/order of appointment and further postings on the basis of above interview. (c) To award costs of the petition. (d) To grant any other relief as deemed fit and proper in the circumstances of the case. 1. It is the case of the petitioner that he being…
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