| Citation(s) |
|---|
| 2020 SLG 2545 2020 SLD 2545 2020 PLC 1553 |
Sindh High Court
Constitutional Petition No.D-302 of 2012, decided on 19th March, 2020, Date of hearing: 12th March, 2020.
MUHAMMAD SHAFI SIDDIQUI, JUSTICE, MUHAMMAD FAISAL KAMAL ALAM, JUSTICE
Sajjad A. Chandio for Petitioner. Allah Bachayo Soomro, A.A.G. for
Respondents.
Constitutional Petition No.D-302 of 2012, decided on 19th March, 2020, Date of hearing: 12th March, 2020.
MUHAMMAD SHAFI SIDDIQUI, JUSTICE, MUHAMMAD FAISAL KAMAL ALAM, JUSTICE
Sajjad A. Chandio for Petitioner. Allah Bachayo Soomro, A.A.G. for
Respondents.
ASIF ALI
VS
SECRETARY BOARD OF REVENUE, GOVERNMENT OF SINDH AND 4 OTHERS
Law:
Section:
Civil service--- ----Appointment against the post of Data Entry Operator and Assistant secured first position in the interview but he was not appointed against the post in question---Validity had secured first position in the interview for the post of Data Entry Operator and Assistant but he had not been recommended for appointment---Authorities had misled the Court in the present dispute---Laches per se was not a bar to invoke the Constitutional jurisdiction of High Court---Question of delay in filing a constitutional petition was to be examined with reference to the facts of each case---Present constitutional petition was not hit by the doctrine of laches---Authorities were bound to act fairly, reasonably and justly and pass speaking order with reasons had no vested right to get an appointment order from the authorities but he had a legitimate expectation---Eligible candidate could not be discriminated against or not considered merely on account of extraneous considerations---Authorities were bound to issue order for appointment of petitioner after completing legal requirements had right to be considered by the authorities and while doing so they were to consider the time consumed in the present constitutional petition---Constitutional petition was allowed, in circumstances. Muhammad Akhtar v. District Returning Officer 2008 SCMR 629 and Secretary Finance and others v. Ghulam Safdar 2005 SCMR 534 distinguished. State Bank of Pakistan v. Imtiaz Ali Khan 2012 PLC (C.S) 2018 rel. JUDGMENT MUHAMMAD FAISAL KAMAL ALAM, J.---- This petition is filed to complain about the alleged inaction of Respondents for not appointing Petitioner either as Assistant or Data Entry Operator. Petition contains the following prayer clause: A). To declare that inaction of the respondents not to place the petitioner against vacant positions of Assistant and Data Entry Operator (Computer) after result of Grade A-I and recommendations is illegal, unlawful, un-constitutional, without jurisdiction and in violation of principles of natural justice, equity, fairness. B). To direct Respondents Nos.01 to 05 to issue appointment order on name of the petitioner in accordance with merit list. C).…
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