| Citation(s) |
|---|
| 2013 SLG 1526 2013 SLD 1526 2013 SCMR 363 |
Supreme Court of Pakistan
Civil Petition No.883-L of 2012, decision dated: 7-12-2012. (Against the judgment dated 10-4-2012 of the Lahore High Court, Lahore passed in Writ Petition No.13031 of 2012)
MIAN SAQIB NISAR AND MUHAMMAD ATHER SAEED, JJ
Malik Noor Muhammad Awan, Advocate Supreme Court for Petitioner. Jehangir A. Jhoja, Advocate Supreme Court and Zubair Afzal Rana, Advocate Supreme Court for
Respondent No. 1.
Civil Petition No.883-L of 2012, decision dated: 7-12-2012. (Against the judgment dated 10-4-2012 of the Lahore High Court, Lahore passed in Writ Petition No.13031 of 2012)
MIAN SAQIB NISAR AND MUHAMMAD ATHER SAEED, JJ
Malik Noor Muhammad Awan, Advocate Supreme Court for Petitioner. Jehangir A. Jhoja, Advocate Supreme Court and Zubair Afzal Rana, Advocate Supreme Court for
Respondent No. 1.
M. NAZIR AHMAD-
VS
MUHAMMAD ASLAM and others
Law:
Section:
(a) West Pakistan Land Revenue Rules, 1968-----R. 17---Lambardar---Appointment of---Eligibility---Any person who was a government/civil servant was not eligible to be appointed to the post of Lambardar. Muhammad Yousaf v. Member, Board of Revenue and 4 others 1996 SCMR 1581 rel. (b) Civil service----Appointment---Eligibility for appointment to the post---Scope---Candidate for a post not qualifying for the same on the cut-off date set-out for applying to the post, but attaining the threshold of eligibility before passing of final order of appointment---Question as to whether such candidate should be considered for the post on merits by the appointing authority---No universal or general rule could be laid down for such a candidate, and it all depended upon the nature of office/slot, the relevant rules under which the appointment was to be made, and the requirement/conditions mentioned in the invitation/publication/ advertisement, requiring the persons to apply for the slot. (c) West Pakistan Land Revenue Rules, 1968--- ----R. 17---Post of Lambardar---Nature---Post of Lambardar was an administrative post of its own kind, which had the colour and tinge of any honorary post and assignment---Post of Lambardar was neither in the nature of government service nor a profession or an avocation having nexus to an office of profit. (d) West Pakistan Land Revenue Rules, 1968--- ----Rr. 17 & 22---Lambardar---Right of appointment---Scope---No person had a vested right to be appointed as a Lambardar, rather Revenue authorities made a selection for the post as per criteria set out in Rule 17 of West Pakistan Land Revenue Rules, 1968 and had to find the most suitable candidate for the job who could capably discharge the duties inter alia in terms of Rule 22 of the said Rules. (e) West Pakistan Land Revenue Rules, 1968--- ----R. 17---West Pakistan Board of Revenue Act (XI of 1957), S. 8---Civil Procedure Code (V of 1908), O. XLVII, R. 1---Lambardar---Eligibility for appointment---Scope---Candidate for the post of Lambardar not qualifying for the same on the cut-off date set-out for applying to the post, but attaining the threshold of eligibility before passing of appointment…
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