| Citation(s) |
|---|
| 1988 SLG 604 1988 SLD 604 1988 PLC 334 |
Sindh High Court
Constitutional Petition No.D-266 of 1987, decided on 19th January, 1988.
NASIR ASLAM ZAHID AND ABDUL RASOOL AGHA, JJ
Farkhand Ali, A.M. Mobeen Khan and Abdul Naeem for Petitioner. Zawar Hussain Jafferi, A.A.G. for
Respondents.
Constitutional Petition No.D-266 of 1987, decided on 19th January, 1988.
NASIR ASLAM ZAHID AND ABDUL RASOOL AGHA, JJ
Farkhand Ali, A.M. Mobeen Khan and Abdul Naeem for Petitioner. Zawar Hussain Jafferi, A.A.G. for
Respondents.
ABDUL MALIK
VS
PROVINCE OF SIND and others
Law:
Section:
(a) Constitution of Pakistan (1973)-- ---Art.199--Sind Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, Part III Appointment--Petitioner recommended by Sind Public Service Commission for appointment as Civil Judge after he was selected in interview, and declared medically fit--Government, however, refusing to appoint petitioner on ground that he was an active political worker and dabbled in politics--Record placed before Court showing that there existed no adverse report against petitioner and remark in Government file that petitioner was a political worker was based on no material--Held, a vested right had been created in favour of petitioner for being appointed as a Civil Judge and refusal of Government to appoint petitioner when he fulfilled all conditions and was otherwise selected on merits and declared medically fit, was arbitrary--Direction issued to Government to appoint petitioner as Civil Judge in circumstances. Mazhar Hussain v. Province of Punjab P L D 1985 Lah. 394 and Muhammad Farooq Memon v. Government of Sind 1986 C L C 1408 rel. (b) Sind Civil Servants (Appointment, Promotion and Transfer) Rules, 1974--- ---Part III--Appointment--A candidate is not disqualified for initial appointment in case he was a political worker or dabbled in politics. JUDGMENT NASIR ASLAM ZAHID, J.--Petitioner, holding a degree of B.Sc. and LL.B. and a practising Advocate, in response to advertisement of the Sind Public Service Commission inviting applications for appointment as Civil Judges in BPS-17, filed an application for one such post. The Public Service Commission interviewed the applicant and he was declared successful and placed on serial No.20 in order of merit out of 25 applicants selected by the Public Service Commission for 25 posts of Civil Judges to be filled up. The Government also intimated the petitioner that his name was being considered for appointment. The petitioner also appeared before the Medical Board and was declared medically fit. By a notification dated 5-5-1987, 22 out of the 25 selected candidates were appointed as Civil Judges but the name of the petitioner was missing from the list of appointees. According to the…
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