| Citation(s) |
|---|
| 1985 SLG 1587 1985 SLD 1587 1985 PLC 133 |
Service Tribunal, Punjab
Case No. 96/91 of 1983, decided on 10th October, 1983.
ABDUL HAMID CHAUDHRY, MEMBER
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Case No. 96/91 of 1983, decided on 10th October, 1983.
ABDUL HAMID CHAUDHRY, MEMBER
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Syed AFZAL HUSSAIN NAQVI
VS
The GOVERNMENT OF THE PUNJAB through Director Manpower & Training Punjab and 2 others
Law:
Section:
(a) Civil service-- --- Appointment, attaining finality person appearing in written test for selection as Research Assistant and declared successful--Departmental Selection Committee interviewing such person and after checking his qualifications offering him post of Research Assistant--Merit list prepared by departmental selection committee having knowledge that civil servant was third divisioner--Appointing authority while issuing appointment order not reserving right to reconsider such appointment or reviewing same at any later stage--Order of appointment of civil servant remaining operative for three years--Held, such appointment was unequivocal and unconditional and has attained finality. (b) Civil service-- --- Appointment--Accrual of rights--Rights accruing to a person by appointment to a post and such appointment remaining operative, held, cannot be taken back merely because departmental authorities concerned had omitted to perform their duties which were cast upon them under particular Rules. Syed Amjid Ali Shah v. Secretary, Government of Pakistan, Establishment Division and 2 others 1983 P L C (C.S.) 995; Saleem Hussain Gardezi v. Government of the Punjab and 4 others 1981 P L C (C. S.) 592 and Nazar Hussain and another District Education, Officer, Lahore and 2 others 1981 P L C (C.S.) 835 ref. Muhammad Saeed Ansari for Appellant. A.G. Humayun, District Attorney for Respondents Nos. 1 and JUDGMENT Syed Afal Hussain Naqvi has made this appeal to the Punjab Service Tribunal, Lahore wherein the has impleaded the respondents as mentioned 1, 2 and 3 above. 2. By virtue of this appeal, the appellant has prayed that the orders dated 5-8-1982 and 28-2-1983 be set aside and the appellant be declared still to be the Research Assistant. 3. Brief facts of the case are that respondent No.2 advertised in the newspaper for recruitment of Research Assistant in Grade-10 in the Directorate of Manpower and Training, Lahore. The appellant had applied for this post. He appeared in the written test and qualified the same. The appellant was interviewed and selected as Research Assistant, by the Departmental Promotion-cum-Selection Committee. On the recommendation of the…
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