Case Details

Citation(s)
2020 SLG 502 2020 SLD 502 2020 PLC 220
Sindh High Court
Constitutional Petition No. D-4441 of 2016, decision Dated: 1st June, 2018, hearing Date : 29th May, 2018.
IRFAN SAADAT KHAN, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Syed Fazal-ur-Rehman for Petitioner. Shahryar Mehar, Assistant Advocate-General Sindh.

MST. MARINA THROUGH HER ATTORNEY

VS

PROVINCE OF SINDH THROUGH SECRETARY EDUCATION AND 2 OTHERS

Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974

Section: 12,14,15

(a) Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974--- --Rr. 12, 14 & 15---Civil service---Appointment against the post of Primary School Teacher---Submission of domicile certificate after cutoff date fixed in the advertisement---Cancellation of appointment by the District Recruitment Committee---Scope---Petitioner having qualified written test and interview was appointed as Primary School Teacher but her appointment was cancelled by District Recruitment Committee on the premise that she had submitted her domicile certificate after cutoff date as mentioned in the advertisement---Validity---Petitioner had already been declared successful candidate in written test and interview and appointed for the post in question---Submission of domicile certificate after cutoff date did not debar the petitioner for appointment and she should have been afforded time to do the needful---District Recruitment Committee was not competent to cancel appointment of the petitioner as decisive step had already been taken by issuance of offer letter and appointment in favour of petitioner coupled with her joining of service---Decision of District Recruitment Committee for cancellation of appointment of petitioner for the post in question was erroneous and not sustainable under the law---Constitutional petition was allowed, accordingly. (b) Words and phrases--- --'Qualification'---Meaning. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.--- Through the captioned Constitution Petition, Petitioner has sought following relief(s):- a) To declare that by not releasing salary of the Petitioner, the respondents have committed serious discrimination to the petitioner and thus have abused their official status illegally, unlawfully, malafidely and otherwise than due course of law. b) To direct the Respondents not treat the Petitioner discriminately and further to release Salary of the Petitioner w.e.f. the date of joining of the Petitioner till to date and for future period in accordance with the rules and laws. 2. The case of the Petitioner in a nutshell is that in pursuance of advertisement published in 'Daily Kawaish' dated 19.04.2012, inviting…
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