Law: Contract Act, 1872

Section: 23

Civil service--- ---- Plea of petitioner was that he was entitled to the employment on the strength of donation of land by his father for construction of Basic Health Unit Hospital which was denied to him and respondent was appointed---Validity---Respondent was appointed as Chowkidar on temporary basis without pension and gratuity on the recommendation of District Selection Committee---Agreement in question between donor of land and authorities seemed to be perpetuity for all times to come, generation after generation and other person if eligible to be appointed---Offer of post as against donation of land would amount to sale of office which was unlawful---No case for interference was made out in favour of petitioner---Constitutional petition was dismissed in circumstances. Hamid Ullah and 9 others v. Head Mistress Government Girls School Chokara District Karak 1997 SCMR 855 rel. THIS JUDGMENT DELIVERED BY: MALIK MANZOOR HUSSAIN, J.--- Through the instant constitutional petition, the petitioner has sought declaration to the effect that he may be declared entitled to the employment on the strength of donation of six kanals of land for construction of Basic Health Unit Hospital in his native village. 2. Briefly stated the facts giving rise to the instant petition are that father of the petitioner donated six kanals of land for construction of BHU Hospital Sarhan in favour of Health Department. At the time of transfer of land, the father of the petitioner executed an iqrar-nama with condition of the appointment of his son in the Health Department. In deviation of the said settlement, respondent No.4 has been appointed as Chowkidar through Office Order dated 24.10.2014 and being aggrieved, the petitioner has assailed the said appointment order by invoking the constitutional jurisdiction of this court. 3. Learned counsel for the petitioner contended that being donor of the land, it was incumbent upon the official respondents to appoint the petitioner as Chowkidar but as against that respondent No. 4 was employed who had got no qualification, nor eligible for appointment on the said post. 4. Arguments heard and record perused. 5. Perusal of the record reveals that on…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492