Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Advertisement for vacant post of Class IV employee was applied for post of Class IV employee--Online information for conducting of interview--Adjustment order--Right of petitioner—Discrimination--Record shows--That other posts of Class-IV were filled but this post was not filled and remained vacant and later on through adjustment of one Gul Baz Chowkidar was adjusted on vacant post have not denied in their comments about advertisement of impugned post--It is trite law that alike should be treated alike and it was right of petitioner that he should be treated in same mode and manner as others who were appointed--Treatment so metted out to petitioner is totally discriminatory and against norms of justice--Petition allowed.  2015 PLC (CS) 283 ref. ORDER Kamran Hayat Miankhel, J., Muhammad Zada, seeks to invoke constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, with the following prayer: “It is, therefore, on acceptance of instant writ petition, the respondents may kindly be directed to appoint the petitioner from the date of his application on the said post i.e.Chokidar in Govt. Primary School, Sherin Abad BPS-4, and any other relief which is deemed fit and proper in the circumstances of the case may also be given to the petitioner.” 2. The facts of the case, in brief, are that the petitioner on having come to know about vacant post of Class-IV in Government Primary School, Sherin Abad, District Battagram, applied for the same. The Respondent No. 3, informed online about conduct of test/interview for the post of Class-IV in District Battagram and directed all the concerned who applied for the post to appear for the said purpose on 19.07.2019. The petitioner was interviewed on the said date, however, on the next day i.e. 20.07.2019, he came to know through newspaper that the same posts were again advertised by Respondent No. 3. The petitioner visited the office of Respondent No. 3 to inquire about the advertisement, where he was informed that publication was mere a formality and the appointments would be made on basis of interview already…

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