Case Details

Citation(s)
1989 SLG 2420 1989 SLD 2420 1989 PLC 783
Sindh High Court
Constitutional Petition No. 1677 of 1979, decided on 13th October, 1988.
AJMAL MIAN, C.J. AND ABDUR RAHIM KAZI, J

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Syed SULTAN ALAM

VS

SECRETARY, SIND PUBLIC SERVICE COMMISSION and others

Law:

Section:

Constitution of Pakistan (1973)-- ---Art. 199--Petitioner's appointment as lecturer on ad hoc basis--Petitioner's services terminated on the ground that he failed to appear before Public Service Commission and that his appointment was not regularised--Petitioner's plea, that he received the call for interview on the date on which interview was to take place and he phoned the Authority and also sent a telegram, stood supported on record by the original receipt issued by Public Telephone Call Office and a copy of the telegram as also by a certificate issued by the Post Office that the letter of interview was factually delivered to petitioner on the date on which interview was to take place--Petitioner was thus entitled to have another opportunity for the interview if actually he had not received the letter in time to make himself available for interview on the target date at a place away from the place of his posting--Petitioner', assertions having not been controverted, respondent Authority was direr ed by High Court to allow petitioner to appear as a candidate for lectureship in an interview to be held in near future subject to his eligibility for the post applied for. Habibur Rashid for Petitioner. A.A. Muhammadally A.A.-C. for Respondents Date of hearing: 13th October, 1988. JUDGMENT AJMAL MIAN, C.J.--The petitioner through this petition has prayed for the following reliefs:-- "This Hon'ble Court be pleased to declare that the arbitrary, illegal and prejudicial orders of respondent No. 1 on the recommendation of respondent No. 2 in favour of respondent No. 3 annexed as annexure `E' passed on 28-1-1979 have been passed without lawful authority and have no legal force and arc liable to he quashed. The respondents Nos. 1 and 2 he further directed to reinstate the petitioner till pending disposal of this petition or pass any other order which this Hon'ble Court deems fit and proper in circumstances of this case." 2. The brief facts leading to the filing of the above petition are that the petitioner was serving as a Railway Guard in Pakistan Western Railway from 2-9-1958 and served as such till February, 1976. The petitioner was selected as a Lecturer in English…
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