Law:

Section:

Constitution of Pakistan (1973)----Art. 212(3)---Reversion to previous post---Illegal appointment---Officiating Authority, without proper sanction and allocation of budget and without following the prescribed procedures including advertisement of the posts in newspaper, appointed the civil servants to such posts---Competent Authority having found the promotions/appointments as irregular, cancelled the same and reverted the civil servants to their original posts---Order of reversion was upheld by Service Tribunal---Validity---Such appointments made by the Officiating Authority without following the prescribed procedure would not be legal and consequently the civil servants neither had any right to hold such posts nor were entitled to the salaries and other benefits attached with the posts---Service Tribunal having considered all aspects of the matter and the pleas taken on behalf of the civil servants in the appeals, found that the orders of appointment/promotion of the civil servants were illegal and void ab initio---View taken by Service Tribunal being not violative of any law Supreme Court refused leave to appeal. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---Leave to appeal is sought, through the abovementioned two petitions, against a common judgment of Federal Service Tribunal, dated 27-7-2000 through which two Service Appeals Nos.301 (R) of 1999 and 304(R) of 1999 filed by the petitioners alongwith 23 other appeals, were dismissed. 2. Brief facts of the cases are that Abdul Waheed (Petitioner in C.P. No. 1521 of 2000) was employed in National Institute of Historical and Cultural . Research, Islamabad, as Stenotypist while Khalid Mahmood (Petitioner in C.P. No. 1522 of 2000) was employed as Lower. Division Clerk in that organization. Later on, Abdul Waheed Khan was promoted/appointed as Stenographer whereas Khalid Mahmood was promoted/appointed as Stenotypist vide order dated 17-7-1997. However, the competent Authority having found the promotions/appointments of the petitioners as irregular, cancelled the same vide orders dated 5-12-1998 and the petitioners were, accordingly, reverted to their original posts. The reversion order, dated 5-12-1998 (C. P. 1522 of…

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