| Citation(s) |
|---|
| 2024 SLG 5242 2024 SLD 5242 2024 PLC 505 |
Writ Petition No.205-A of 2023, decided on 10th October, 2023. Date of hearing: 10th October, 2023.
Before Shakeel Ahmad and Kamran Hayat Miankhel, JJ
Muhammad Arshad Khan Tanoli for Petitioner. Syed Wajahat Hussain Shah, Asstt: A.G. for
Respondents.
MUHAMMAD AQIB IRSHAD
VERSUS
GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Elementary and Secondary Education, Peshawar and 2 others
Law:
Section:
Civil service---
----Recruitment---Waiting list---Delay in decision---Petitioner was placed at serial No.4 of merit list and despite two vacancies he was not appointed---Validity---Authorities admitted position of petitioner in merit list and forwarded his case as next meritorious---Competent authority rejected appointment on the only pretext that waiting list had expired, as it was only for three months---It was imperative duty of authorities to have sent name of petitioner to appointing authority for his appointment as the post could not be kept vacant till next process of recruitment---Petitioner could not be punished for laxity of authorities---High Court directed the authorities to appoint petitioner on the post in question---Constitutional petition was allowed, in circumstances.
Government of N.-W.F.P through Secretary, Education Department, Peshawar and others v. Qasim Shah 2009 SCMR 382 and Government of Punjab through Secretary Cooperation Department, Lahore and others v. Asad Abbas 2022 SCMR 739 ref.
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