ZAFAR IQBAL, MEMBER-I - Briefly, the facts of the case are that the appellant was allegedly appointed against the post of Homoeo Dispenser vide appointment order dated 30.11.2005, issued by the Director Health Services, Multan Division, Multan. The appellant joined the post and thereafter vide order No. 22147-49/E, dated 5.12)1995, passed by the Director Health Services, Multan Division, Multan, the appellant was adjusted/posted against the post of Sanitary Inspector.
Accordingly, the appellant joined the post. Thereafter, the services of the appellant were terminated vide impugned order dated 28.1.1997 by District Health Officer, Sahiwal being unlawful/irregular appointment. Feeling aggrieved, the appellant filed writ petition No. 1358- 97 before the Hon'ble Lahore High Court. Consequently, the Hon'ble Lahore High Court suspended the operation of the impugned order dated 28.1.1997, vide order dated 6.3.1997. Ultimately the said writ petition was dismissed vide order dated 20.5.2002 on the ground that the jurisdiction of the Lahore High Court is barred under Article 212 of the Constitution of Pakistan, 1973. Thereafter, the appellant filed Service Appeal No. 2426/2002 before the Punjab Service Tribunal, Lahore, which was disposed of vide order dated 23.02.2004 with the direction to the appellant to file departmental appeal before the Director General Health and the Director General was directed to decide the same within three months. Thereafter, the appellant filed application on 7.11.2007 before the Punjab Service Tribunal for the implementation of order dated 23.2.2004. In pursuance of the order of P.S.T, dated 23.2.2004, the departmental appeal of the appellant was rejected by the Director General Health Service, Punjab, vide impugned order No. 176- 82/L.C., dated 28.2.2009.
2. The counsel for the appellant argued that more than 300 employees were recruited as Dispensers/Sanitary Inspectors in District Multan, whose services were also unlawfully terminated by the departmental authorities. They challenged the impugned orders and ultimately the Hon'ble Supreme. Court of Pakistan decided their Civil Appeals Nos. 237 to 278 of 2003 on 7.12.2005.
Consequently, they were reinstated into service but the appellant has been given a discriminatory treatment. The counsel for the appellant stated that the appellant was appointed as Homoeo Dispenser in response to an advertisement in the newspaper in the year 1995. Appellant fulfilled all legal requirements i.e. Qualification and domicile etc. He stated that after appointment the appellant joined the services and drew the salaries till the passing of impugned order dated 28.1.1997 and as such valuable rights have been created in favour of the appellant, which cannot be taken away in slipshod manner. He further stated that even if any illegality has been committed while passing the orders of appointment of the appellant by the departmental authority, the same has been committed by the departmental authorities and not by the appellant. He stated that the appellant cannot be punished on the basis of any irregularity committed by the departmental.
3. The respondents and learned District Attorney opposed the contentions of the counsel for the appellant, It was contended that the appellant has not been appointed in pursuance of any advertisement, It has been stated that the so-called appointment letter was issued by the Director Health Service, Multan Division, Multan who was not the competent authority for Homoeo Dispenser according to the service Rules enforced at the relevant time.
4. Arguments advanced by the parties heard and available record gone through.
5 The record reveals that neither the post of Homoeo Dispenser was advertised by the respondents nor applications in general were ever invited by them for appointment. Needless to point out that in government departments appointments are always made by following the prescribed procedure, laid down in the relevant rules/regulations, which is missing in the present case. When confronted this question learned counsel for the appellant failed to show any document of material justifying appellants appointment, It is also important at the juncture to hold that the so-called appointment letter was issued by Director Health Services, Multan Division, Multan, as admitted by the counsel for the appellant, was not authorized to do so. Even otherwise, said Director Health Services, Multan Division, Multan has not been impleaded as necessary party in the present service appeal before this Tribunal; hence no findings of any sort can be given against him. The pleadings made before this Tribunal is also devoid of details and necessary record to justify appellant's claim. Mere verbal submissions that appointment letter was issued by the Director Health Service Multan, is devoid of any substance when no material or record has been placed on record. Even otherwise said Director Health Service Multan, was not competent to appoint the appellant and it is well- settled law that appointment not made by the competent authority is illegal in the eyes of law and can be terminated at any stage.
6. 1h view of, the above discussions, I find no merits in the present appeal, which is dismissed accordingly.