| Citation(s) |
|---|
| 2004 SLG 1562 2004 SLD 1562 2004 PLC 653 |
Supreme Court of Pakistan
Civil Petition No. 1528-L of 2001, decision dated: 29-04-2003. (On appeal from the order, dated 26-3-2001 of the Lahore High Court, Lahore, passed in W.P. No. 21445 of 2000).
JAVED IQBAL AND KARAMAT NAZIR BHANDARI, JJ
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Civil Petition No. 1528-L of 2001, decision dated: 29-04-2003. (On appeal from the order, dated 26-3-2001 of the Lahore High Court, Lahore, passed in W.P. No. 21445 of 2000).
JAVED IQBAL AND KARAMAT NAZIR BHANDARI, JJ
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ABDUL RAZZAQ
VS
SECRETARY GOVERNMENT OF PAKISTAN and others
Law:
Section:
(a) Civil service-------Appointments during ban and without proper advertisement--Appellate Authority in appeal filed by petitioners (non-selected candidates) declared such appointments as illegal and directed authority to make appointments after lifting of ban and by making proper advertisement---Validity---Appellate Authority had not granted any specific relief to petitioners for their consideration for appointment--Petitioners by merely applying for such posts would not get a vested right to insist upon undertaking of process of selection even during ban---Petitioners could take a chance as and when ban was lifted and posts were advertised---Judgment of High Court dismissing Constitutional petition, was upheld by Supreme Court for having no grievance to be redressed at such stage. (b) Constitution of Pakistan (1973)----- ----Art. 199---Constitutional petition---Vested right---High Court in absence of any injury to vested right of petitioner could not interfere. Mian Muhammad Nawaz, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record, for Petitioner. Nemo for Respondent. Date of hearing: 29th April, 2003. ORDER JAVED IQBAL, J.---The petitioner is mainly aggrieved by the order of Secretary Local Government of the Punjab, dated 9-9-2000 whereby the District Council Jhang was directed to make appointment after lifting of ban and. by snaking proper advertisement. 2. The thrust of arguments of Mian Muhammad Nawaz learned Advocate Supreme Court on behalf of petitioner is that the Commissioner while allowing the appeal of the petitioner had directed the quarter concerned to take necessary steps for a fresh recruitment and therefore, the direction of Secretary, Local Government is uncalled for seems to be devoid of merit as due to the observations of Commissioner no legal right was accrued in favour of the petitioner and hence the question of its infringement does not arise. The prime contention of the learned Advocate Supreme Court, as mentioned hereinabove, has been dilated upon and decided in a comprehensive manner by the learned High…
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