Brief facts of the case are that appellant applied for the post of "Bearer" in the Nishtar Medical College and Hospital. He competed along with other contenders and was ultimately selected by the Committee appointed for the said purpose and case was referred for approval before the Board of Management which also granted approval but later on, on account of a ban imposed by the Government of Punjab letter of appointment could not be issued to the appellant. Appellant approached this Court through constitutional petition which stands dismissed vide. order dated 15.4.2008, same is being assailed through the instant Intra Court Appeal.
2. It is contended by learned counsel for the appellant with reference to 2006 SCM R 1082 (Muhammad Rasheed Versus Government of Punjab and others) that if process of selection has already been completed then rights accrued in favour of the applicants cannot be denied as they have earned a right of appointment irrespective of ban imposed by the Government.
3. On the other hand, factual position is not denied by respondents side. Representative present in Court on behalf of the respondents states that on account of lifting of ban fresh advertisements are being published in newspapers excepting the post reserved for appellant under the orders of this Court.
4. We have considered contentions advanced by both sides.
5. In the case cited by learned counsel for the appellant, appointment letter was not issued to the applicant on account of a ban imposed by the Government, as is the instant case, and ultimately their lordships in the Hon'ble Supreme Court directed issuance of appointment letter as recruitment had already been completed' through transparent process. In the instant case as well appellant was duly selected by a Committee constituted and approval was also granted by the Board of Management, therefore, there was no bar in issuance of appointment of letter. Resultantly, instant ICA is allowed. Respondents are directed to issue appointment letter to the appellant forthwith. Disposed of.