Case Details

Citation(s)
2003 SLG 1093 2003 SLD 1093 2003 PLC 1274
Lahore High Court
Writ Petition No.4920 of 2003, decision dated: 3rd July, 2003.
CH. IJAZ AHMAD, J

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Miss FAUZIA YAQOOB

VS

ASSISTANT POST MASTER GENERAL, PUNJAB, LAHORE and others

Law:

Section:

Constitution of Pakistan (1973)-------Arts. 199 & 212---Service Tribunals Act (LXX of 1973), S.4--­Constitutional petition---Maintainability---Vested right---Non-issuance of appointment letter---Failure to attach documents in support of report and parawise comments---Grievance of petitioner was that she appeared in written test and interview and secured first position on merit but appointment letter was not issued to her---Contention of the Authorities was that there were some irregularities in the written test---Further contention was that the petition was not maintainable as jurisdiction of High Court was barred under Art. 212 of the constitution read with S.4 of Service Tribunals Act, 1973--­Validity---Petitioner, having not been inducted in service by the Authorities, the jurisdiction of High Court was not barred under Art. 212 of the Constitution read with S.4 of Service Tribunals Act, 1973---Authorities failed to attach any document along with the report and parawise comments alleging that some irregularities were committed by the Authorities at the time of holding written test and interview, therefore, Authorities failed to substantiate the parawise comments---High Court directed the Authorities to issue appointment letter to the petitioner---Petition was Allowed in circumstances. Dr. Ahmad Suleman Waris v. Dr. Naeem Akhtar PLD 1997 SC 382; Army Welfare's case 1992 SCMR 1652; Abdul Jabbar Maimen's case 1996 SCMR 1349; Munawar Khan's case 1993 SCMR 1287; Ubaid Ullah's case PLD 1997 SC 835 and Ghulam Mustafa's case 1998 PLC (C.S.) 274 ref. Muhammad Iqbal Mohal for Petitioner Sher Zaman Khan, Deputy Attorney-General and Muhammad Shakot, Division Superintendent, Post Services, Sialkot for Respondents. ORDER The brief facts out of which the present writ petition arises are that the respondents issued the advertisement to fill the post in question. The petitioner in obedience of the advertisement of the respondents submitted application. The petitioner appeared in the written test. She secured first position in the written test. Subsequently the petitioner appeared in the interview and she also secured first position. The respondents did not issue…
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