1996 PLP (C (PLC(CS))

S. Abu Shahnam K.M. Shaheen for Petitioner. Muhammad Aslam Malik for the State. The petitioner was appointed as PTC Teacher (M) vide Order No. 1258/E, dated 3‑10‑1995 and was posted at Government Primary School, Lehri Kalan against an existing vacancy. He joined his duty and was subsequently transferred to Government Primary School, Jandran (Zafarwal) vice Mr. Abdul Qayyum, PTC Teacher retired vide order Endst. No. 1593/E, dated 26‑11‑1995 vide impugned Order No. 1897/E dated 28‑12‑1995 his Office Order No. 1258/E, dated 3‑10‑1995 was cancelled on the ground that the same was not covered by merit policy as laid down by the Government with immediate effect. The order cancelling the appointment order, dated 28‑12‑1995 is impugned in the present petition being without lawful authority and without jurisdiction. 2. The comments were called and respondent No.4, Deputy Commissioner, Narowal, admitted that the petitioner was appointed against an existing vacancy and also admitted the facts as alleged in the petition but at the same time tried to justify his order on the ground that the merit criteria was ignored while issuing the appointment orders. 3. I have heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. It is not the case of the respondent that the appointment was secured by playing some fraud upon Selection Committee. The Recruitment Committee while making selection was obliged to keep in view the selection criteria and if it failed to do so and issued appointment order in pursuance of which the petitioner had joined duty and was performing the same without any misconduct on his part, he could not be removed in a way the impugned order, dated 28‑12‑1895 was issued. 4. After joining the duty a right had accrued to the petitioner as a civil servant and thus he could not be removed from service except in accordance with Efficiency and Discipline Rules, 1975. The said right could not be taken away from him in the manner as the one vide impugned order. The impugned order, dated 28‑12‑1995 was not sustainable in law end was without lawful authority and jurisdiction. Reliance is placed on Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407, Army Welfare Sugar Mills Ltd. v. Federation of Pakistan and others 1992 SCMR 1652, State v. Muhammad Ismail and others 1980 SCMR 268, Province of West Pakistan v. Muhammad Yasin PLD 1964 SC 438, Alnoor Textile Ltd. v. Collector of Customs 1990 ALD 356, Muhammad Ibrahim etc. v. M.C. Chiniot 1990 ALD 655; Mumtaz Hussain v. District Magistrate 1990 PCr.LJ 1784 and Muhammad Ayub v. Custodian of Evacuee Property PLD 1963 Kar. 551. 5. The writ petition is accepted and impugned order, Endst.No.1897/E dated 28‑12‑1995 is declared to be without lawful authority and without jurisdiction and is rescinded as such. 6. The parties are left to bear their own costs. A.A./Y‑2/L Petition accepted.