| Citation(s) |
|---|
| 2004 SLG 1464 2004 SLD 1464 2004 PLC 305 |
Lahore High Court
Writ Petition No.9625 of 2003, decision dated: 3rd November, 2003.
CH. IJAZ AHMAD, J
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Writ Petition No.9625 of 2003, decision dated: 3rd November, 2003.
CH. IJAZ AHMAD, J
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MUHAMMAD RASHID
VS
LAHORE DEVELOPMENT AUTHORITY and 3 others
Law:
Section:
Civil service------- Regularization of service--Civil servant was appointed as Litigation Officer in year 1991, but his services having not been regularized despite his several representations, he filed Constitutional petition---High Court disposed of Constitutional petition with direction to Authorities to constitute a Committee to finalize matter of regularization of service of civil servant and Competent Authority would decide matter on the basis of recommendations of said Committee--Committee so constituted had granted one time regularization of service of civil servant---Committee having recommended the name of civil servant for regularization, vested right had accrued to civil servant, but Competent Authority instead of regularizing service of civil servant, decided that seven posts of Litigation Officers should be filled in through open competition after inviting applications through advertisement---Competent Authority had discarded recommendations of Committee duly constituted without issuance of notice to the civil servant---Validity--After receiving recommendations of Committee, it was duty and obligation of Competent Authority to pass order after applying its independent mind keeping in view recommendation of Committee duly constituted according to direction of High Court---Competent Authority .could disagree with recommendation of Committee, but with reason and after issuance of notice to civil servant, but said procedure was not adopted by Competent Authority which act of - Competent Authority was in violation of principles of natural justice---Vested right having accrued to the civil servant the same could not be taken away without issuance of notice to him---Order of Competent Authority for advertisement, was set aside meaning thereby that recommendation of Committee would be placed before Competent Authority and Authority would pass fresh order after applying its independent mind and providing proper hearing to all concerned including the civil servant. Miss Farzana Qadir, v. Province of Sindh 2000 PLC (C.S.) 225 D.G. Ordinance Service. v. Muhammad Abdul Latif 2003 SCMR 410: Government of the Sindh. v. Abdul Sattar Sheikh and others 2003, SCMR…
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