Law:

Section:

Sindh Civil Servants (Appointment, Promotion and Transfer) Riles, 1974--------. 11(3)---Sindh Service Tribunals Act (XV of 1973), S.4--­Appointment, cancellation of---Appointment of civil servant as Primary School Teacher, was cancelled by Competent Authority on directions of Government on ground that it was made in violation of Government order and without adopting procedure of recruitment---Validity---Appointment of civil servant was not only made in violation of Government instructions, but was made during the period when ban was imposed on appointments-­Appointment of civil servant was ab initio void and of no legal consequence---Appointment of civil servant, which was not made in a legal, appropriate and transparent manner, was rightly cancelled. 1998 SCMR 1404; 1998 CLC 921; 1998 PLC (C.S.) 448; PLD 1990 SC 504 and 1999 PLC (C.S.) 190 ref. Ghulam Abbas Soomro for Appellant. Muhammad Qasim Mirjat, A.A.G. for the Official Respondents. Date of hearing: 22nd February, 2000. JUDGMENT ABDUL RASHEED MEMON (MEMBER-II).---The appellant being aggrieved and dissatisfied by order, dated 2-12-1998 passed by Respondent No.3 on the instructions of respondent No.2 whereby Appointment Order No.16 dated 24-9-1998 of the appellant had been cancelled came before this Tribunal. Appellant's departmental appeal filed before Respondent No. l was also rejected on 11-2-1999. The facts of the case are that appellant applied for appointment as Primary Teacher to Respondent No.2; was called for interview and after being qualified; was appointed as Primary School Teacher vide order, dated 23-9-1998. He was medically examined and found fit, thereafter his posting order was issued by the Respondent No.3 on the usual terms and conditions vide order, dated 24-9-1998. The appellant served at Dongro Primary School Qasimabad, Hyderabad and was serving at the same school when received an order, dated 2-12-1998 from the Respondent No.3 whereby he was informed that on receipt of instructions from higher-ups his appointment had been cancelled forthwith. He filed an appeal with Respondent No. l on 9-12-1998, but was informed on 11-2-1999 that his appeal had been filed and no other order was…

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