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2010 C.L.R. 278

Hafiz NoOr Muhammad vs B.I.S.E.

Citation2010 C.L.R. 278
CourtLahore High Court
Case No.Writ Petition No. 3444 of 2006
Date2009-05-20
Judge(s)Pervaiz Inayat Malik
ResultPetition dismissed

ORDER

PERVAIZ INAYAT MALIK, J. --- Briefly stated facts as those emerge out of this petition are that the petitioner was appointed as "Daftri" vide order dated 4.3.1996 by respondent No. 3 on daily wages.

His services as per terms of appointment order were liable to be terminated upon induction of a regular employee against the post. The petitioner claims that since he was working against a permanent post therefore was entitled to regularization of services.

2. It is inter alia contended, that the petitioner earlier filed writ petition No. 6030/2005 which' was decided vide order dated 17.5.2007 and that despite clear direction from this Court and relaxation having been given on upper age limit services of the petitioner have not been regularized. The case of the respondent was that the petitioner submitted three applications against three different posts. His case was considered alongwith other competitors but was not found FIT for that post.

3. Arguments heard. Record perused.

4. The petitioner has no vested right to claim appointment against a particular post and for that purpose he was under the law to compete with the other competitors who were equally entitled, being citizens of Pakistan.

5. He was not found fit by the departmental competent authorities. By now it is well-settled proposition of law that this Court cannot substitute findings arrived at by departmental authorities with his own. I have also perused the order dated 17.5.2006 passed by this Court in writ petition No. 6030/2005 and I find that this Court certainly allowed relaxation of age in view of inaction of the department for which the petitioner was not at fault, however, it was nowhere directed that the petitioner must be appointed. The only direction was that the application filed by the petitioner in response to the advertisement issued by the respondents shall be considered on its merits, of course alongwith other candidates for the posts. From the minute examination of record I am of the considered view that the observations made by this Court in the writ petition referred to above were complied with in letter and spirit and the determination of fitness being within exclusive domain of departmental authorities cannot be interfered with in Constitutional jurisdiction. In view whereof this petition being devoid of any merits is hereby dismissed. .

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