Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Civil service---Appointment---Petitioner had challenged order passed by Authority, by which another person was appointed against the post of Naib Qasid, alleging that he was involved in a criminal case, was remanded to judicial prison and at the time of interview he was not present, his appointment order and recommendation thus could not be made by concerned officer or department---Said person admittedly was in jail at the time of interview for said post---Appointment order could not be made in circumstances---Said person was given another chance and was asked to join service, but he had not joined same .within the prescribed period---Right to be appointed or to remain on said post, was rightly withdrawn---By accepting constitutional petition, impugned order was declared illegal and unlawful---Directions were issued to the authorities to issue appointment letter in favour of petitioner for said post. Gulzar Ahmad Khan for Petitioner. Mian Noor Ali Wattoo for Respondent No.4. Ch. Shafi Muhammad Tariq, A.A.-G. along with Muhammad Ashraf, Junior Clerk on behalf of Respondent No.3. ORDER SH. HAKIM ALI, J.---Rao Abdul Hannan Khan, the petitioner has challenged Order; bearing No.E.B./DOR126, dated nil, passed by the District Officer (Revenue), Bahawalpur, respondent No.3, by which he had appointed respondent No.4, Arslan Mansoor, against post of Naib Qasid. Explaining the facts of the case learned counsel for the petitioner submits that District Officer (Revenue), Bahawalpur had appointed Arslan Mansoor, respondent No.4, as Naib Qasid in his office upon the recommendation of Departmental Recruitment Committee, vide order, dated 17-3-2005. This appointment was made out of 20 quota, reserved for the children of Government employees. The above-noted order was challenged through Writ Petition No.2121 of 2005 (Rao Abdul Hamlan Khan v. District Officer, Coordination, Bahawalpur and others). The aforesaid writ petition was decided by this Court on 22-12-2005, in which it was directed that respondents shall appoint the petitioner, if he was found eligible at No.1, amongst the candidates who had…

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