Case Details

Citation(s)
2020 SLG 2337 2020 SLD 2337 2020 PLC 1029

Writ Petitions Nos. 66 and 68 of 2016, decided on 8th May, 2018, Date of hearing: 8th May, 2019.
MALIK HAQ NAWAZ, JUSTICE MUHAMMAD UMER, JUSTICE
Zeshan Akhlaq for Petitioner (in W.P. No.66 of 2016). Assistant Advocate General assisted by Asdullah Khan Raja Zia-ur-Rehman for
Respondents (in W.P. No.66 of 2016). Amjad Hussain for Petitioner (in W.P. No.68 of 2016). Assistant Advocate-General assi

RASHEEDUDDIN AND ANOTHER

VS

PROVINCIAL GOVERNMENT THROUGH CHIEF SECRETARY, GILGIT-BALTISTAN, GILGIT AND OTHERS

Law:

Section:

Civil service--- ----Advertisement for appointment of Assistant Director, Disaster Management Authority---Change of criteria for recruitment after commencement of its process---Effect---Contention of petitioner was that respondents had been appointed illegally---Validity---Criteria for recruitment had been changed by the Chief Minister after commencement of recruitment process and even after written test---New criteria for selection was in violation of advertisement made for appointment in question---Petitioner who was serving in the department had not been appointed due to change of criteria for appointment which was malpractice and dishonest act on the part of the authorities---Government officials were only bound to obey the legal orders of High Officials/Minister/Chief Minister and not bound to follow their direction blindly---Advertisement to fill up any vacancy was a firm and gentlemen commitment which was extended to all the individuals so that for the advertised post most suitable and eligible person would be chosen without any discrimination---No deviation from the rules / regulation was permissible to any one irrespective of his position---If authorities were interested to introduce any change in the recruitment process then same should have been published in the same newspaper when the initial advertisement was got published---Authorities, in the present case, had not exercised their powers in a fair and transparent manner which had deprived the most suitable candidate from employment---Appointment in public sector was the trust in the hands of public functionaries and it was their moral duty to discharge their trust with zeal, efficiency and fairness as per law---Chief Minister had exercised powers in excess of his domain/authority just to shower blessing on his own cronies---Petitioner who had secured high marks in the written test should be adjusted against a vacant post---Writ petition was allowed, accordingly.   2006 PLC (C.S.) 1238; 2008 SCMR 773; 2012 SCMR 96; PLD 2010 Lah. 546 and 2010 GBLR 27 ref. 2013 PLC (C.S.) 484 and 1997 PLC (C.S.) 855 rel. JUDGMENT MALIK HAQ NAWAZ, J.--- Since Writ Petition No. 66/2016 and Writ Petition No.…
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