Law:

Section:

West Pakistan Tehsildari and Naib-Tehsildari Service Rules, 1962--- ----R. 8--Constitution of Pakistan (1973), Arts. 4, 25 & 199---Constitutional petition---Appointment of petitioner as Naib-Tehsildar---Chief Minister issued letter of appointment---Non-compliance by Commissioner on ground that no vacancy was available---Chief Minister, subsequently selected three candidates as Naib-Tehsildars, petitioner being one of them; two of them were appointed while petitioner could not be appointed by Commissioner and subsequently 33 other candidates were appointed but petitioner was not appointed---Petitioner's entitlement to be appointed as Naib-Tehsildar---Chief Minister having issued orders for appointment of petitioner, it was bounden duty of Commissioner to issue appointment order---While subsequent to petitioner's appointment, 33 more persons were appointed it was wrongly claimed by Commissioner that no post was available---Such action on the part of concerned officers seemed to be highly mala fide---On question of absorption of petitioner, no cogent reason was put forward as to why petitioner was deprived of his right---Right of every citizen to enjoy protection of law is guaranteed by the Constitution---Officers who were charged with the duty of deciding matter concerning rights of other persons were bound to do so in accordance with law---Courts being responsible for fair administration of rule of law, would not allow discriminatory actions--­Vested right having been created in favour of petitioner by way of selection, non-issuance of appointment letter to the petitioner .was violation of law--­Petitioner's case being of extreme discrimination and violation of Constitutional provisions, his appointment as Naib-Tehsildar was ordered to be regularised as "valid appointment". PLD 1964 SC 302; PLD 1988 SC 155; PLD 1964 SC 302; 1986 CLC 1408; PLD 1988 SC 376; PLD 1988 SC 416; PLD 1991 SC 58; 1993 SCMR 1326; 1989 PLC (C.S.) 785; 1993 PLC (C.S.) 345; PLD 1985 SC 195; PLD 1990 SC 672; PLD 1993 Kar. 140 and PLD 1993 Kar. 144 rel. JUDGMENT Brief facts of the case are that the petitioner was working as Junior' Clerk in the office of the Deputy Commissioner,…

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