Law:

Section:

Constitution of Pakistan-------Art. 199---Constitutional petition---Petitioner, a deaf and dumb person, was selected by authorities as Assistant Lineman but was subsequently denied posting on account of his such disability---Validity---Petitioner disclosed his disability in the application form and was interviewed without any objection raised to his disability---Denial of posting, being an afterthought, was unjust and illegal---Any objection to petitioner's posting should have been made known to him at initial stage---Petitioner's disability was not of such a nature as could have been suppressed; interviewing authority could reject the petitioner at the time of interview---Once the petitioner had been selected in the interview, authorities could not deny his posting---Petition was allowed, authorities were directed to issue posting order to the petitioner. Muhammad Nadeem Ahmad Tarar for Petitioner. Aamir Aziz for Respondent. ORDER TARIQ JAVAID, J.--- The petitioner, through this constitutional petition, seeks an order against the respondents restraining them from removing the petitioner from service or taking any adverse action against him on the basis of his disability. 2. It is contended by the learned counsel for the petitioner that the petitioner being deaf and dumb applied for his posting as Assistant Line Man on contract basis with respondent No.1. The petitioner disclosed in his application that he was deaf and dumb. He annexed his matriculation certificate along with report from the District Assessment Board, wherein it was mentioned that the petitioner was deaf and dumb, however, he was declared to be fit for the job as Assistant Line Man. The petitioner was invited for interview. He appeared for interview before the authority, was selected in the interview and appointment letter dated 31-10-2009 was issued to him. Subsequently, the respondents refused to post the petitioner on the ground that he was deaf and dumb person and according to the condition enumerated at (O) ( requirement of contract) he was required to produce certificate of medical fitness of Medical Superintendent,…

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