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2012 PLC (C.S.) 915

MUHAMMAD AZEEM vs EXECUTIVE DISTRICT OFFICER (HEALTH), GHOTKI AT

Citation2012 PLC (C.S.) 915
CourtSindh High Court
Case No.Constitutional Petition No,D-2797 and C.M.A. No,9830 of 2011
Date2012-02-21
Judge(s)Muhammad Ali Mazhar, Shahid Anwar Bajwa
ResultPetition allowed

ORDER

1. ' The petitioner's father was working as Chowkidar in Health Department and expired on 16-5-2011 and petitioner applied for employment in terms of Rule 11-A of Sindh Civil Servant (Appointments, Promotion and Transfers) Rules, 1971. His application was forwarded by the channel of authorities to Karachi and consequently on 2-8-2011 offer order was issued to the petitioner as Chowkidar in BPS-

2. Thereafter the petitioner was issued appointment order on 13-8-2011 and thereafter the petitioner joined his duty. This order was cancelled by office order dated 28-9-2011 which reads as under:--- "OFFICE ORDER"

2. ' As per directions of higher authorities the Appointment Order of Muhammad Azeem son of Muhammad Yousif Chowkidar appointed vide this office order No,EDO(H)/GHK/550/55, dated 13-8- 2011 is hereby cancelled/withdrawn with immediate effect."

3. ' Learned counsel reiterated contents of the petition. He submitted hat it is admitted that petitioner's father was working as chowkidar and he expired during his service, that the petitioner applied for his employment and that his application was forwarded by channel of authorities to Karachi and thereafter the petitioner was issued office order on 2-8-2011 and appointment order dated 13-8-2011. In para. No,4 of the comments of respondent No,1, it is stated as follows:-- "4. That para. No,6 of the petition are admitted with variation that due to political influence the answering respondent appointed the petitioners against vacant posts but could not complete the formalities as provided by law and subsequently again due to the directions of the competent authority the appointment orders of petitioner No,1 were cancelled. Here it is worth to mention that as the said posts are lying vacant hence after the codal formalities again the said posts will be published and the petitioners will be given first preference in the said selection."

4. ' Learned Additional Advocate-General read para. No,4 of comments and submitted that his contention is the same as stated in Para. No,6 of the petition.

5. We have considered the comments and submissions of learned counsel. It is ironic that the channel of authority on the one hand have admitted that the petitioner's father was working as Chowkidar, that his father expired during his service, and that application of petitioner for appointment was forwarded by the channel of authority to Karachi and on other hand it is stated that the petitioner was appointed as Chowkidar without completing all codal formalities. Not a single word is stated in Para. No,4 as to which formality was not completed by the petitioner.

6. ' Reason stated in Para. No,4 is that appointment of petitioner was cancelled because he did not complete formalities as provided by law. We have considered the cancellation order dated 28-9- 2011 no formality required to be completed by the petitioner is stated in it. Consequently the petitioner is held entitled to be appointed and was rightly appointed. Order dated 28-9-2011 is set aside and official respondents are directed to allow the petitioner to joint his duty within two weeks in term of appointment order dated 13-8-2011.

Cited by 1 case

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