Case Details

Citation(s)
1989 SLG 2196 1989 SLD 2196 1989 PLC 442
Service Tribunal, N.W.F.P.
Appeal No. 56 of 1988, decided on 11th March, 1989.
MALIK MUHAMMAD PERVEZ KHAN, CHAIRMAN AND TAJ MUHAMMAD KHAN MEMBER

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HAMIDUR-REHMAN

VS

THE COMMISSIONER, D.I. KHAN DIVISION, D.I. KHAN

Law:

Section:

North-West Frontier Province Civil Servants (Appointment, Promotion and Transfer) Rules, 1975---- ---R. 2(b)--North-West Frontier Province Service Tribunals Act (I of.1974), S 4----Inclusion of name of appellant in list of candidates against Grades 1 and 2-­ Appointment to be made from that list when a post fell vacant--Appointment of appellant not made accordingly--Effect--Locus standi--Authority had exclusive jurisdiction to appoint any suitable person to the post failing vacant from the list maintained in the office--Such list having no statutory force, insertion of name of appellant therein would not give him any locus standi to claim appointment nor would it confer any right upon him. Bashir Ahmad Malik for Appellant . Special Government Pleader for Respondents Nos. 1 and 2. Malik Muhammad Bashir for Respondent No. 3. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN)-Appellant has challenged the impugned order dated 25-4-1988 passed by respondent No. 1 being appellate authority who dismissed his 4ppeal dated 14-2-1988 against the order of respondent No. 2 dated 18-1-1988. The averments of the appeal would show that the appellant as well as respondent No. 3 are the residents of Tehsil Kulachi, District D.I. Khan. A list of candidates for the appointment against Grades 1 and 2 is maintained at Kulachi by the office working under respondent No. 2 and according to the appellant the persons from the list were appointed as and when a post fell vacant from the said list. However, in the case of the appellant when a vacancy arose, be was ignored and he being senior was superseded by respondent No. 3. The act of the respondent was void, illegal, mala fide, devoid of principles of equity and justice and ineffective upon his rights, Respondents submitted the written reply, denying the allegations of the appellant on the grounds that the list maintained its the office of Tehsildar…
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