Law:

Section:

Constitution of Pakistan (1973)-------Art. 212(3)---Appointment---Petitioner was appointed as junior clerk as a special case without codal formalities---Respondent, who possessed better academic qualification and had sufficient long experience to his credit, was a better candidate than the petitioner in all respects for the post of junior clerk but his services were terminated---Service Tribunal had ordered that the respondent be reinstated as junior clerk with full back benefits---Petitioner had failed to point out any legal infirmity in the impugned of the Service Tribunal and could not make out a case of involving substantial question of law of public importance warranting interference by Supreme Court under Art. 212(3) of the Constitution---Petition for leave to appeal was dismissed in circumstances. Khushdil Khan, Advocate Supreme Court and M. Zahoor Qureshi, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 11th March, 2003. JUDGMENT MIAN MUHAMMAD AJMAL, J.---Leave to appeal is sought against the judgment of the N.W.F.P., Service Tribunal, Peshawar, dated 27-5-2001 whereby Appeal No.1315 of 2000 of respondent No.1 was accepted, the order impugned therein was set aside and he was ordered to be re-instated as Junior Clerk in the Government Service with full back-benefits. 2. Brief facts are that the petitioner was appointed as Junior Clerk BPS-5 in the Office of Political Agent, Kurram Agency, Parachinar vide order, dated 1-12-1996. His appointment and the appointments of Wali Khan and Muhammad Alam were challenged by Muhammad Anwar, respondent No. 1 and 5 others through three separate appeals before the Commissioner, Kohat Division, Kohat which were consolidated and vide common order, dated 3-1-1998 the same were accepted and the appointment orders were set aside. The operative part of the order reads as under:-- "All these facts fortify the claim of the appellants to their appointment as Junior Clerk and Daftri in the Office of the Political Agent Kurram. Therefore, recognizing their claim, I accept the appeal preferred in this Court and set aside the Orders No.5732/Acctt:, and No.5736/Acctt:, dated 1-12-1996 in respect of S.…

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