1995 PLP (C (PLC(CS))
ABDUR RASHID Versus RIAZUDDIN and others
| Citation | 1995 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saleem Akhtar, Zia Mehmood Mirza and Mir Hazar Khan Khoso, JJ |
| Parties | ABDUR RASHID Versus RIAZUDDIN and others |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1995 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saleem Akhtar, Zia Mehmood Mirza and Mir Hazar Khan Khoso, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP (C (PLC(CS)) (ABDUR RASHID Versus RIAZUDDIN and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qazi M. Anwar, Advocate Supreme Court and Muhammad Zahoor Qureshi, Advocate‑on‑Record for Petitioner.
- Sirajuddin (father) for Respondent No.1.
- Mumtaz Khan, A.S.D.E.O. for Respondents Nos.1 and 2.
- Date of hearing: 10th January, 1995.
Headnotes / Summary
(On appeal from the judgment of the Peshawar High Court Branch Registry D.I. Khan dated 14‑11‑1993 passed in C.R. No. 26 of 1993). ‑‑‑‑Art. 185(3)‑‑‑Civil service‑‑‑Petitioner was appointed to the post of Chowkidar in place of respondent on the recommendation of M.PA
Respondent challenged such action of Authority and relief was granted to him by the High Court‑‑‑Validity‑‑‑Allocation of such quotas to Ministers/MNAs/MPAs and appointments made thereunder were all illegal ab initio‑‑‑Appointment of petitioner having been made on recommendation of M.PA. was rightly deemed to be void ab initio and illegal and respondent's appointment was correctly restored by the High Court‑‑‑Leave to appeal was refused in circumstances. Munawar Khan v. Niaz Muhammad and others 4993 SCMR 1287 rel.
Judgment & Decree
SALEEM AKHTAR, J.‑‑‑The petitioner has challenged the judgment of the learned Judge in Chamber, whereby revision petition of respondent No.l was accepted and the appointment of the petitioner against the regular post of Chowkidar in the Government Primary School, Kot Attal Sharif, Tehsil Kulachi, was decla4d to be void ab initio and illegal.
2. In the year 1983, respondent No. 1 was appointed as a part‑time Bhishti‑cum‑Chowkidar. However, in the year 1988 at the time of regularisation of the post, his service was terminated on 15‑3‑1988 while on the recommendation of a MPA, the petitioner was appointed in his place. Respondent No. 1 challenged the action of respondents Nos. 2 and 3 but did not succeed. However, by the impugned judgment, relief was granted to him.
3. Similar question as involved in the present petition, came up for consideration in Munawar Khan v. Niaz Muhammad and others (1993 SCMR 1287) where it was held that "allocation of such quotas to the Ministers/MNAs/MPAs and appointments made thereunder are all illegal ab initio and have to be held so by all Courts, Tribunals and authorities". The appointment made on the recommendation of MPA was held to be void ab initio and illegal and while allowing appeal the order of appointment of the appellant was restored. In the facts and circumstances of the case, for doing R complete justice, we refuse to grant leave. AA./A‑1242/S Leave refused.