2004 PLP (C (PLC(CS))

JAVED IQBAL, J.‑‑‑This petition for leave to appeal is directed against the judgment dated 17‑2‑2000 passed by Punjab Service Tribunal, Lahore, whereby Appeal bearing No. 1558 of 1997 preferred on behalf of petitioner has been dismissed.

3. Precisely stated the facts of the case as enumerated in the impugned judgment are to the effect that "Malik Muhammad Akram, appellant, joined service as Junior Clerk on 29‑5‑1978 in the office of Deputy Education Officer (W‑EE), Sheikhupura. He was however, promoted as Senior Clerk w.e.f. 27‑6‑1993 when he approached the then Senior Minister, Malik Mushtaq Ahmad Awan, that he may be appointed as Assistant in the department in view of his good performance. The Sanior Minister vide his order dated 26‑1‑1996 issued orders that the appellant may be appointed as Assistant in relaxation of all the rules. Accordingly, he was appointed as Assistant in Government Comprehensive High School, Sheikhupura vide order at Annex A/6, Since the appointment was irregular and politically based, the Government ordered de-notification/cancellation of all such appointments vide order dated 4‑12‑1996 (marked as X). The appellant was too junior to be appointed/promoted as Assistant as such, his appointment being purely on political basis was denotified by means of order dated 4‑3‑1997." Being aggrieved the learned Punjab Service Tribunal was approached by means of appeal which has been dismissed, hence this petition.

3. Heard Mr. M.A. Qureshi, learned Advocate Supreme Court on behalf of petitioner at length who mainly contended that the petitioner was promoted on the basis of his excellent performance, hard work and devotion by the Senior Minister. The learned Advocate Supreme Court on behalf of petitioner when asked as to whether the Senior Minister was competent to pass such an order by ignoring all the seniors and in violation of prescribed procedure? No plausible justification or answer could be given except that the Senior Minister was competent but no rule could be shown conferring such competency upon the Senior Minister. The order passed by the Senior Minister in violation of prescribed procedure, merit and seniority is ab initio void having no legal sanctity whatsoever and such order should have not been implemented being illegal and unlawful by the Authorities concerned.

4. Be as it may, no legal infirmity or illegality could be pointed out in the judgment impugned which being well‑based hardly calls for any interference. No substantial question of law of public importance is involved in the matter for grant of leave to appeal under section 212 (3) of the Constitution of Islamic Republic of Pakistan. The petition being meritless is accordingly, dismissed and leave declined. S.A.K./M‑908/S Leave refused.