| Citation(s) |
|---|
| 2016 SLG 781 2016 SLD 781 2016 PLC 389 |
Writ Petition No. 16 of 2012, decided on 11th August, 2015.
SAHIB KHAN, C.J. AND MUHAMMAD ALAM, JJ
Haji Mirza Ali for Petitioners. Assistant Advocate General for
Respondents Nos.1 to 4. Johar Ali for
Respondents Nos.5 and 6. Basharat Ali, Legal Advisor for Education Department.
MUMTAZ ALAM and 3 others
VS
PROVINCIAL GOVERNMENT, GILGIT-BALTISTAN through Chief Secretary and 5 others
Law:
Section:
Civil service--- ----Appointment against the posts of teacher (BS-14)---Discrimination---Distribution/allocation of posts---Scope---Contention of petitioners was that respondents belonging to another area and Union Council were not entitled to be appointed against the posts advertised---Validity---Petitioners were four in number while respondents were two persons---Question was that in case of acceptance of present writ petition who among the four petitioners would be selected for appointment against the posts occupied by the respondents---Petitioners had not been arrayed correctly in the present writ petition---Posts advertised were of BPS-14 and distribution/allocation of such posts on the basis of areas of Union Council was wrong and against the basic principle of merit---Government, in the present case had not observed such allocation or distribution policy---Government was directed by the Chief Court to avoid such trend in the future---Petitioners were bound to establish that they were entitled to be appointed in preference of respondents or as a result of any discrimination---Nothing was on record that petitioners were entitled to be appointed against the posts in preference to respondents nor petitioners had showed any discrimination on the part of department with regard to appointment against the posts advertised---Writ petition was dismissed in circumstances. ORDER MUHAMMAD ALAM, J.--- This is a writ petition, whereby, petitioners have sought the following remedy:- "It is humbly prayed that while keeping in view what has been narrated in preceding Para's the respondents Nos.2, 3 and 4 may graciously be directed to issue the appointment order in favour of the petitioners Nos.1 and 2 with effect from 4/11/2011 against the post allocated to Union Council Marmay and the impugned order dated 4/11/2011 issued in favour of respondents Nos.5 and 6 in flagrant violation of the notification in favour of respondents Nos.5 and 6 may kindly be revoked to meet the ends of justice please." 2. We have heard learned counsel for parties and have perused the material available on file. Petitioners filed this petition, feeling aggrieved from appointment of respondents…
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