' Respondent No.1 i.e. Director Manpower and Training, Government of Punjab invited applications for appointment of certain post including the post of Chowkidar, as per advertisement published in various newspapers on 15-1-1995. Petitioner applied for the post of Chowkidar Government Vocational Institute at Bahawalpur. Respondent No.1 summoned the petitioner for an interview vide his letter, dated 27-3-1995. Petitioner was interviewed on 16-4-1995 and he being the only candidate from Bahawalpur was selected but the respondent No.2 i.e. Principal Government Vocational Institute, Bahawalpur issued appointment order, dated 5-6-1995 in favour of respondent No.3 against the recruitment policy of the Government as well as in controvesion of the recommendation of the recruitment committee.
2. In the above background, the petitioner filed the instant writ petition for the redressal of his grievance.
3. As per advertisement, dated 15-1-1995 inviting application for the post of chowkidar in BPS.No.1, the candidates having the domicile of the concerned District were held eligible to apply for the said post. It is not denied that the petitioner's educational qualification is middle and he is a permanent resident of Bahawalpur. The District Magistrate, Bahawalpur has also issued a domicile certificate in his favour on 20-1-1992. It is also not denied that respondent No.3 was not a resident of Bahawalpur. It is also conceded that respondent No.3 after having joined the post of the Chowkidar Government Vocational Institute, Bahawalpur, got himself transferred to Lahore and the said post is still lying vacant.
4. The respondent No.1, was directed by this Court vide its order, dated 2-2-2000 to appear in this Court to explain his position with regard to the appointment of the said post with particular reference to Condition No.10 incorporated in the advertisement, dated 15-1-1995 whereby it has been made clear that the residents of the concerned district can apply for a post in BPS No.
1. Thus, how could he make a deviation or departure from the said condition by stating in the comments that the post of chowkidar was not reserved for Bahawalpur District.
5. The mala fides of respondent No.1 are quite evident from the fact that he has violated the conditions laid down by him in the advertisement by depriving the petitioner of his due right and accommodated a person who was not even eligible to apply for the said post being not a permanent resident of Bahawalpur, therefore, he (respondent No.3) got himself transferred immediately to Lahore after joining the said post at Bahawalpur. Transfer of respondent No.3 soon after his joining is a fact which also establishes the mala fide of the respondents. In the present set of circumstances, the grievance of the petitioner appears to be quite just and the same deserves to be redressed.
6. Resultantly, I direct respondents Nos.1 and 2 to issue appointment order in favour of the petitioner for a post of chowkidar, Government Vocational Institute, Bahawalpur (admittedly which is lying vacant since the date of transfer of respondent No.3) within a week from today.
7. Since respondent No.1 did not appear in this Court as directed vide order, dated 2-2-2000, therefore, a show-cause notice be issued to him as to explain why he should not be prosecuted in accordance with law. The office shall open a separate file in the category of Criminal Original and the matter shall be fixed within three weeks.
8 The instant writ petition is disposed of in the above terms.