Law:

Section:

(a) Constitution of Pakistan-------Art. 199---Sindh High Court Establishment (Appointment and Condition of Service) Rules, 2006, Rr.5 & 15---Constitutional petition---Issuance of writ of quo warranto---Essentials---Three grounds were essential for issuance of writ of quo warranto, namely that where the holder of the post did not possess the prescribed qualification; where the appointing authority was not competent to make the appointment and where the procedure prescribed by law was not followed. (b) Sindh High Court Establishment (Appointment and Conditions of Service) Rules, 2006-- ----R. 15---Ad hoc appointment---Scope---Ad hoc appointment can be 'made without advertisement in exceptional cases as a stop-gap arrangement and not, as a permanent recruitment. Dr. Naveeda Tufail and 72 others v. Government of Punjab and others 2003 SCMR 291 and Muhammad Iqbal and others v. Lahore High Court through Registrar and others 2010 SCMR 632 ref. Petitioner in person. M.M. Aqil Awan for Respondent No.2. Adnan Karim, A.A.-G., Sindh. Date of hearing: 28th October, 2010. JUDGMENT SHAHID ANWER BAJWA, J.--- This constitution petition has been filed and the following reliefs have been sought. (1) The respondent No.1 may be called and asked to show that under what law he is holding the post of OSD (Admn.) as his appointment was made in complete disregard of the provisions of the Rule and in contravention of the Constitution and law enunciated by the superior Courts and, if satisfied, this honourable Court may be pleased to declare his appointment as illegal, without authority and of no legal effect and the respondent No.2 may be directed to fill the said position on merit as per the rules and law/constitution. (2) To declare the said post as vacant and direct the respondent No.2 fill the same as per rules and laws. 2. Facts of the petition are that the respondent No.1 was taken in employment by this Court vide Notification dated February 3, 2009. The entire Notification reads as under:--- "On the recommendation of the Selection Committee, the honourable Chief Justice has been pleased to appoint Mr. Assim Jamil Zubedi son of Muhammad Jamil Zubedi as "Deputy Nazir (Accounts)"…

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