Law:

Section:

Civil service--- --------Temporary appointment without advertising the post---Contention of petitioner was that she was appointed on the basis of qualifying test and interview and appointment order of private respondent was nullity in the eye of law---Validity---Post of petitioner was neither advertised nor any merit list was prepared---Appointment of petitioner was temporary---Order of appointment of private respondent was obtained through practicing fraud and committing forgery---Private respondent had been receiving salary on the basis of forged order---Authorities were directed to recover the amount received by the private respondent within a specified period and pay the same to the petitioner and advertise the post within specified period and fill the same on the basis of merit and recommendation of respective Selection Committee---Temporary post of petitioner should not be abrogated till selection process was not completed---Petitioner could also apply for the post in question as per rules and in case of having become over aged she would be granted relaxation of upper age as per rules---Any order or obtained through fraud could be recalled by the court of law even suo motu---Judgment obtained by private respondent by practicing fraud was recalled---Authorities were directed to register F.I.R. against private respondent for preparing and maneuvering forged order---Writ petition was accepted in circumstances. The Chief Settlement Commissioner, Lahore v. Raja Muhammad Fazil Khan and others PLD 1975 SC 331 and Government of Sindh through the Chief Secretary and others v. Khalil Ahmed and others 1994 SCMR 782 rel. THIS JUDGMENT DELIVERED BY: M. TABASSUM AFTAB ALVI, JUSTICE:------------------ The supra titled writ petition has been addressed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, whereby writ in the nature of prohibition is solicited against respondents jointly and severally from abrogating appointment order dated 20.04.2005, through which petitioner, on the basis of qualifying test and interview, was appointed as Primary Teachress B-7 in Girls High School Bandala, by District Education Officer Secondary Schools, Bhimber.…

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