Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional Petition--Appointment on Contract basis--Non regularization--Advertisement for post of junior Auditors--Non consideration of applicants for post mentioned in advertisement on regular basis--Overage fector--Direction to--It is an admitted feature of case that petitioners were working for last about more than 10 years and, as has observed hereinabove, their services are needed to respondents' department--Even otherwise, it is also to be taken into consideration that almost all petitioners have become overage during period of their service and cannot go anywhere, nor can apply to earn their livelihood in any department or organization, therefore, respondents' department, instead of advertising their positions, should have regularized services of petitioners--It is not plea of respondents that any of petitioners lacks required qualification or their performance was below average--It is also an admitted feature of case that petitioners were appointed by competent authority after fulfillment of all codal formalities i.e. publication, test and interviews--If selection process was lawful and legal and six additional post of Junior Auditors were created specifically for accommodation of petitioners, then advertising same and doing whole of exercise of selection once again does not reflects any sense by depriving experienced employees--Petitioners were selected as Junior Auditors after proper advertisement, test and interview conducted by Departmental Selection' Committee and have served department for about 10 to 12 years without any complaint of unsatisfactory performance, thus, have right to continue against same posts, besides availability of six regular posts and after creation of six additional posts of Junior Auditors--Petition was allowed. Ejaz Akbar Kasi vs. Ministry of Information and Broadcasting PLD 2011 SC 22 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD HASHIM KHAN KAKAR, JUSTICE- Through this petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan 1973 ("the Constitution"), the petitioners, being employees of the Zakat and Ushr Department, Balochistan, made the following…

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