| Citation(s) |
|---|
| 2016 SLG 482 2016 SLD 482 2016 SCMR 196 |
Supreme Court of Pakistan
C.P. No. 212-K of 2015, decided on 27th August, 2015. Date of hearing: 27th August, 2015.
ANWAR ZAHEER, JAMALI, AMIR HANI MUSLIM AND GULZAR AHMED, JJ
M. Aslam Butt, DAG, A.S.K. Ghori, Advocate-on-Record, Haroon Rasheed Assistant Director, FPSC, Dr. Seemin Jamali, Executive Director JPMC and Adnan Karim, Additional A.G. for
Respondents.
C.P. No. 212-K of 2015, decided on 27th August, 2015. Date of hearing: 27th August, 2015.
ANWAR ZAHEER, JAMALI, AMIR HANI MUSLIM AND GULZAR AHMED, JJ
M. Aslam Butt, DAG, A.S.K. Ghori, Advocate-on-Record, Haroon Rasheed Assistant Director, FPSC, Dr. Seemin Jamali, Executive Director JPMC and Adnan Karim, Additional A.G. for
Respondents.
Dr. SUMERA TABASSUM
VS
F.P.S.C. and others
Law:
Section:
Civil service--- ----Reserve list of candidates for a post---Candidate selected on merit not joining a post---Nomination of an alternate candidate from the reserve list---Petitioner applied for the post of lecturer in Pharmacology---Petitioner was not selected, however, she was placed in the reserve list---Candidate who stood first on the merit list for the subject of Pharmacology did not join the service/post nor did she send any intimation declining the offer---Petitioner who was the alternate nominee of the said candidate, was not recommended for the post by the competent authority, inter alia on the ground that the reserve list was valid for only six months but the Health Ministry intimated petitioner's alternate nomination to the competent authority after expiry of such period---Validity---In terms of clause (d) of Office Memorandum, Establishment Division issued on 5-5-2010, the reserve list in the present case remained valid for a period of 10 months, and the petitioner had addressed letters to the competent authority (Federal Public Service Commission) within such time period to consider her as the alternate candidate for the post in question---Admittedly petitioner was eligible and qualified for the post in question, and the only dispute was with regard to lapse of time for approaching the competent authority by the Health Ministry---Such expiry of time was not attributable to the petitioner, and could not be counted against her to deprive her from the post in question, when she was otherwise found qualified, and till date the post was vacant and had not been re-advertised---Supreme Court directed the competent authority to allow the petitioner to join the post in question---Appeal was allowed accordingly. Musa Wazir and 2 others v. N.W.F.P. Public Service Commission through Chairman and others 1993 SCMR 1124 distinguished. Province of Sindh and others v. Ghulam Hassan Bughio 2014 SCMR 643 ref. ORDER AMIR HANI MUSLIM, J.---This Petition for leave to Appeal is directed against the judgment dated 22.01.2015 passed by the learned High Court of Sindh, at Karachi, whereby the petition filed by the Petitioner was dismissed. 2. The facts necessary for the…
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