MUHAMMAD AMEER BHATTI, J. - Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, the petitioner has assailed the order dated 15.5.2009 passed by respondent No. 2 being illegal, unlawful and of no legal effect.
2. The brief facts of the case are that the petitioner had applied for the post of Library Attendant after issuance of advertisement in the newspaper and completing all the formalities the merit list was prepared and the petitioner was appointed against the said post vide an order dated 13.5.2009 by the respondent No. 2 being a competent authority.
3. Learned counsel for the petitioner contends that through the impugned order dated 15.5.2009, the said order has been recalled by respondent No. 2. It is further contended that the appointment had been made after following all the legal formalities and keeping in view the merits,, respondent No. 2 had no authority to cancel the same thereafter.
4. Respondent No. 2 has filed report and parawise comments in response to the order of this Court dated 15.6.2010, where he took the only stand that under the Government instructions, all the appointments were withdrawn.
5. I have heard the . Learned counsel for. The petitioner and gone through the comments filed by the respondent No. 2, as also heard , the learned Assistant Advocate General. It is admitted by the learned AAG, according to the comments, that the appointment of the petitioner was made in pursuance of the publication of advertisement in the newspaper and after preparation of the merit list, but the said appointment of the petitioner has been cancelled/withdrawn on the intervention of the higher authorities while the appointment of some others through the same process have been maintained Respondent No. 2 was the competent authority to appoint the petitioner, who had prepared the merit list and appointed the petitioner in accordance with law. There. Is allegation of fraud and misrepresentation and lack of eligibility.
6, The higher authorities had no power to intervene in the procedure which has been adopted by respondent No. 2 after issuance of the appointment letter after following the prescribed process and there is no allegation that the petitioner was not otherwise eligible to be appointed as such a vested right had accrued in his favour, which could not be withdrawn at the pleasure of the high- ups as the Constitution have guaranteed the rights of the citizens of the country, who all are to be treated in accordance with law. Any order passed against the law cannot be sustained and the rights of the people cannot be infringed. The impugned order having been passed against the rules cannot be sustained, which is hereby set aside by accepting this writ petition and respondent No. 2 is directed to allow the petitioner to join his service with immediate Effect.