2001 PLP (C (PLC(CS))
DILDAR HUSSAIN Versus DIRECTOR, MANPOWER AND TRAINING, GOVERNMENT OF PUNJAB and others
| Citation | 2001 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Nazir Ahmad Siddiqui, J |
| Parties | DILDAR HUSSAIN Versus DIRECTOR, MANPOWER AND TRAINING, GOVERNMENT OF PUNJAB and others |
| Primary Law | Civil service |
Q1: What are the key laws and sections cited in 2001 PLP (C (PLC(CS))?
This judgment primarily cites: Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Nazir Ahmad Siddiqui, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP (C (PLC(CS)) (DILDAR HUSSAIN Versus DIRECTOR, MANPOWER AND TRAINING, GOVERNMENT OF PUNJAB and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Shamshair Iqbal Chughtai for Petitioner.
- Saleem Nawaz Abbasi, A.A.-G. for Respondents.
- Date of hearing: 3rd March, 2000.
Headnotes / Summary
Petitioner applied for the post of Chowkidar in response to the advertisement
Petitioner, who was the only candidate and belonged to the locality concerned, was interviewed and was selected, but appointment letter was issued to another person against recruitment policy and in contravention of recommendation of Recruitment Committee
Petitioner not only was resident of the locality, but also had some educational qualification whereas the other person was neither resident of the locality nor had any qualification
Other person was appointed and was immediately transferred to another city thus, leaving the local post vacant
Mala fides of the Authority in ignoring the petitioner and instead appointing the other person, was quite evident from the fact that Authority had violated conditions as laid down in the advertisement by depriving petitioner of his due right and accommodating a person who was not even eligible to apply for the post being not permanent resident of locality-- Authority was directed to issue appointment order in favour of the petitioner for post which otherwise was lying vacant since date of transfer of the other person.
Judgment & Decree
Respondent No. l i.e. Director Manpower and Training, Government of Punjab invited applications for appointment of certain post including the post of Chowkidar, as per advertisement published in various newspapers on 15-1-1995. Petitioner applied for the post of Chowkidar Government Vocational Institute at Bahawalpur. Respondent No. 1 summoned the petitioner for an interview vide his letter, dated 27-3-1995. Petitioner was interviewed on 16-4-1995 and he being the only candidate from Bahawalpur was selected but the respondent No.2 i.e. Principal Government Vocational Institute, Bahawalpur issued appointment order, dated 5-6-1995 in favour of respondent No.3 against the recruitment policy of the Government as well as in controvesion of the recommendation of the recruitment committee.
2. In the above background, the petitioner filed the instant writ petition for the redressal of his grievance.
3. As per advertisement, dated 15-1-1995 inviting application for the post of chowkidar in BPS. No. I, the candidates having the domicile of the concerned District were held eligible to apply for the said post. It is not denied that the petitioner's educational qualification is middle and he is a permanent resident of Bahawalpur. The District Magistrate, Bahawalpur has also issued a domicile certificate in his favour on 20-1-1992. It is also not denied that respondent No.3 was not a resident of Bahawalpur. It is also conceded that respondent No.3 after having joined the post of the Chowkidar Government Vocational Institute, Bahawalpur, got himself transferred to Lahore and the said post is still lying vacant.
4. The respondent No. 1, was directed by this Court vide its order, dated 2-2-2000 to appear in this Court to explain his position with regard to the appointment of the said post with particular reference to Condition No. 10 incorporated in the advertisement, dated 15-1-1995 whereby it has been made clear that the residents of the concerned district can apply for a post in BPS No.
1. Thus, how could he make a deviation or departure from the said condition by stating in the comments that the post of chowkidar was not reserved for Bahawalpur District.
5. The mala fides of respondent No. l are quite evident from the fact -that he has violated the conditions laid down by him in the advertisement by depriving the petitioner of his due right and accommodated a person who was not even eligible to apply for the said post being not a permanent resident of Bahawalpur, therefore, he (respondent No.3) got himself transferred immediately to Lahore after joining the said post at Bahawalpur. Transfer of respondent No.3 soon after his joining is a fact which also establishes the mala fide of the respondents. In the present set of circumstances, the grievance of the petitioner appears to be quite just and the same deserves to be redressed.
6. Resultantly, I direct respondents Nos. l and 2 to issue appointment order in favour of the petitioner for a post of chowkidar. Government Vocational Institute, Bahawalpur (admittedly which is lying vacant since the date of transfer of respondent No. 3) within a week from today.
7. Since respondent No. l did not appear in this Court as directed vide order, dated 2-2-2000, therefore, a show-cause notice be issued to him as to explain why he should not be prosecuted in accordance with law. The office shall open a separate file in the category of Criminal Original and the-matter shall be fixed within three weeks.
8. The instant writ petition is disposed of in the above terms. H.B.T./D-15/L Petition allowed.