Case Details

Citation(s)
2013 SLG 2061 2013 SLD 2061 2013 PLD 339
Lahore High Court
I.C.A. No.316 of 2010, heard on 26-06-2012
UMAR ATA BANDIAL, C, J AND AMIN-UD-DIN KHAN, J
Muhammad Ilyas Khan, Aurangzeb Mirza along with Hashmat Ali Kazmi Director, HR & Admn., Syed Ejaz Ahmad, Manager HRM and Muhammad Siddique Malik, Director (Legal), GEPCO for Petitioner. Asad Mehmood for PEPCO (
Respondents)

GEPCO

VS

Malik WAQAS AHMAD and others

Law: Constitution of Pakistan, 1973

Section: 199

Law: Constitution of Pakistan, 1973

Section: 199

Law: Law Reforms Ordinance, 1972

Section: 3

Constitution of Pakistan--- ----Art. 199---Law Reforms Ordinance (XII of 1972), S.3---Intra-court appeal---Civil Service---Recruitment---Walk in interviews---Appellant, Power Company (employer) assailed of Single Judge in a constitutional petition, whereby appointments made by the Power Company against various advertised posts, were declared illegal on ground that same were non-transparent as they were made on the basis of "walk-in" interviews only---Validity---In the recruitment process 432 persons were appointed and only 138 of those had survived scrutiny on the touchtone of merit transparency and fairness while the rest of the appointments had been accommodated on extraneous considerations which found no merit or sanction in the existing rules and regulations and which was also a violation of the rules of competition, transparency and fairness for appointment to public office---Selection based on interviews alone was arbitrary since it was entirely subjective---No illegality was found in order of Single Judge---High Court directed that copy of its be sent to the National Accountability Bureau for examination of causes of issuance of letter by Managing Director of the Power Company on basis of which the recruitment process became derailed---Intra-court appeal was dismissed, accordingly. Mushtaq Ahmad Mohal and others v. The Honourable Lahore High Court, Lahore and others 1997 SCMR 1043 and Waheed Ahmed and another v. Executive District Officer (Revenue) Faisalabad and others 2012 PLC (C.S,) 733 rel. JUDGMENT UMAR ATA BANDIAL, C J.---This judgment also deals with and decides I.C.A. No.317/2010, I.C.A. No. 642/2010, I.C.A. No.720/2010, I.C.A. No.718/2010, I.C.A. No. 566/2010, I.C.A. No.565/2010, I.C.A. No.323/2010 and I.C.A. No.324/2010 as common questions of law and fact arising from the same impugned judgment are involved in these Intra Court Appeals. 2. The afore-noted Intra Court Appeals are filed against the judgment dated 5-5-2010 passed by the learned Single Judge, striking down the appointment of 437 employees made by the appellant "GEPCO" against twelve (12) categories of posts, advertised in the Daily Jang of 2-11-2008. The annulment of the said…
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