Law:

Section:

Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974--- ----R. 12(1),---Constitution of Pakistan (1973), Art. 25---Equality before law--­Discriminatory treatment meted out to civil servants placed in precisely the same situation---Effect---Civil servant was amongst third divisioner candidates recommended for appointment as lecturers with condition that they were to improve their qualifications within three years of their appointment---Such condition was subsequently waived in case of six lecturers, while civil servant was left out and discriminated against---Validity---Provision of Art. 25 of the Constitution postulates that all citizens are to be treated alike in accordance with law---Discriminatory treatment meted out to persons placed in precisely the same situation would amount to outraging the principle of equity---Such treatment would be against justice and morality---Precedent having been set by the Authority for relaxation of rules it had to be used as precedent in subsequent cases with similar parameters---Order of Authority whereby rules were not relaxed in case of civil servant was set aside---Petitioner's case was required to be placed before the Authority for appropriate orders for relaxation of rules in favour of civil servant also so that persons similarly placed could be treated alike. Muhammad Nawaz Shaikh for Appellant. Ali Bux Laghari for Respondent. Date of hearing: 12th November, 1992. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).---This appeal arose from the facts and circumstances briefly described as follows. In October 1976, the Sindh Public Service Commission advertised, inter alia 53 posts of Lecturers of English subject. According to the advertisement the candidates with M.A. in 2nd Division were eligible for the said posts but the applications from third divisioners were also invited on the condition that in consequence of their selection, if they were appointed to the posts of lecturers they had to acquire the prescribed qualification within three years of their appointment. The appellant Abdul Razzak, was amongst the third divisioner candidates who appeared in the aforementioned selection. He along­-with several other…

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