Law:

Section:

(a) Constitution of Pakistan (1973)-------Arts. 4, 18 & 199---Constitutional petition---Civil service--­Appointment---Petitioner was appointed without advertisement and in violation of prescribed procedure under law---Effect---Where an order was illegal, the same, could not be perpetuated---Such an appointment of petitioner could not be permitted to remain in field as such an appointment was repugnant to Arts. 4 & 18 of the Constitution, 1973---Petitioner had obtained appointment by illegal manner, therefore, was not entitled to get any discretionary relief under Art. 199 of the Constitution---High Court showed concern over deteriorating condition of Education Department and expressed desire that Provincial Government should proceed not only departmentally but criminal cases should also be got registered against ail those who had frustrated merit policy in appointments. Sughra Begum's case 1996 CLC 472; Mst. Zaibun Nisa 1995 CLC 1281; Mst. Ghausia Naz's case 1997 PLC (C.S.) 666; Muhammad Ahmed's case 1996 PLC (C.S.) 15 and Nizamud Din's case 1999 SCMR 463 ref. Jalal-ud-Din v. Engineer-in-Chief Branch PLD 1992 SC 207; 1996 SCMR 1349; Munawar Khan's case 1993 SCMR 1287 and AIR 1965 SC 1293 rel. (b) Maxim--- ---- He who seeks equity must come to the Court with clean hands. Ronaq Ali's case PLD 1973 SC 236 and Rana Muhammad Arshad's case 1998 SCMR 1462 rel. Mian Sarfraz ul Hassan for Petitioner. Jan Muhammad Bhatti for Respondents Muhammad Nawaz Bhatti, Addl. A. -G ORDER The brief facts giving rise to this writ petition are that the petitioner was appointed by respondent No. l as Teacher on 28-11-1992. The petitioner earned good reports from the competent Authority as is evident from Annexures G.1 to G.7. The petitioner got her salary from June, 1993 to December, 1997; she served the department continuously and performed her duties from June, 1998 till date, as is evident from the certificate issued by the Headmistress M.C. Girls School No.21, Gujranwala but the respondents did not release the salary of the petitioner. The petitioner being aggrieved by the act of respondents filed an application before N.I.R.C. on 14-12-1998. The learned Senior Member…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492