Law:

Section:

Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974--- ----R. 10---Constitution of Pakistan (1973), Art.199---Appointment---Petitioner was selected by Public Service Commission out of 47 candidates and recommended for appointment against post of Assistant Electric Inspector (BPS­17) but he was not appointed and in his place another person who was holding ad hoc appointment against said post was appointed---Department contended that recommendation made by Public Service Commission was only of advisory nature which did not bind it and as such petitioner could not claim any vested right for appointment against post of Assistant Electric Inspector on basis of Rule 10 of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 which envisaged that all initial appointments to posts in Grade-16 to 22 had to be made on basis of examination/test to be conducted by Public Service Commission if such post fell within purview of Commission---Only such candidate could be appointed to the said post who had passed test prescribed by Public Service Commission and was recommended for appointment by Commission on basis of merit---Petitioner along with others appeared in the test prescribed by Commission for selection against post of Assistant Electric Inspector (BPS-17) and petitioner was the only-candidate out of 47 candidates who was selected for appointment ---Held , refusal of Government to appoint petitioner on basis of recommendation of Public Since Commission amounted to violation of R. 10 of Sindh Civil Servants (Appointment Promotion and Transfer) Rules 1974--­Government was directed to appoint petitioner on basis of recommendation of Public Service Commission if he otherwise did not suffer from any disqualification. Muhammad Farooq Memon v. Government of Sindh 1986 C L C 1408 and Manthar Ali Jatoi v. Government of Sindh 1988 P L C (C.S.) 344 rel. Fazie Ghani Khan for Petitioner. K.M. Nadeem, Assistant Advocate-General Sindh for Respondents. Date of hearing: 2nd May, 1990. JUDGMENT SAEEDUZZAMAN SIDDIQUI, J.---This petition under article 199 of the Constitution is filed by the petitioner with the following prayer:-- "(a) declare that the…

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