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PLD 2007 Lahore 55

KHURAM ZUBAIR and 2 others vs GOVERNMENT OF THE PUNJAB, through

CitationPLD 2007 Lahore 55
CourtLahore High Court
Judge(s)Sayed Zahid Hussain
ResultPetition allowed

1. ' SYED ZAHID HUSSAIN, J.-Pursuant to the advertisement dated 5-8-2006 published in daily Nawa-i- Waqt by respondent No,2, about some vacancies in District Hafizabad, petitioners Nos.1 and 3 had applied for the posts of Junior clerks and petitioner No,2, for the post of Mali. All three were selected by the District Selection/Recruitment Committee, Hafizabad and were issued letters of appointment dated 31-8-2006 by respondent No,2. Some controversy appears to have arisen between the Zila Nazim, Hafizabad and the Revenue Department, Government of Punjab, about jurisdiction/power and competency to make such recruitments, and some correspondence ensued on the subject. As a result the petitioners have filed the present petition for a direction to respondent No,4 i,e, Medical Superintendent, DHQ Hospital Hafizabad for conducting their medical test and issuance of requisite certificates. Report and parawise comments were called for from the respondents. The District Officer, Revenue), Hafizabad in his comments has admitted that the appointment letters were duly issued to the petitioners on 31-8-2006 who had been selected on merit after due process of recruitment in accordance with the instructions received from the Board of Revenue, Punjab and the Recruitment Policy. The stance of the Revenue Department which issued the advertisement and completed process of recruitment. Is that District Nazim, Hafizabad had no authority to cancel the recruitments so made and that even the Board of Revenue, Punjab had taken up the matter with the District Nazim, Hafizabad through letters dated 2-9-2006 and 7- 9-2006. In the comments filed by the District Nazim, the position taken by him is that being the head of the District Government it was his "duty to keep close contact with the affairs relating to the departments and general public of the District". He has further taken the position that the matter had been taken up by him with the Senior Member Board of Revenue, Punjab and the Minister for Local Government Punjab.

2. For the reasons stated below, I do not consider it necessary to embark and dilate upon the controversy going on between the District Nazim and a Government Department as the fate of the petition is determinable on the basis of admitted fact that the petitioners had indeed been selected and appointment orders were issued and conveyed to them. Decisive steps having been taken by respondent No,2, and implemented the order of their appointments could not be cancelled in such an abrupt manner in clear disregard of due process of law. It was only respondent No,3, who has issued such an order whose authority and jurisdiction even is being very much disputed by respondents No,1 and 2. In the context of such a dispute the petitioners the ordinary citizens of the Islamic Republic of Pakistan cannot be made to suffer for any such tussle.

3. Such a cancellation order issued by respondent No,3 does not hold good and loses its legal efficacy. Accordingly respondent No,4 will proceed in accordance with law.

4. ' The petition is accepted with no order as to costs.

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