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Petitioner: MUHAMMAD ASLAM VS Respondent: GOVERNMENT OF THE PUNJAB
1992 P L C (C
1992 P L C (C.S.) 962
[Lahore High Court]
Before Irshad Hasan Khan, J
MUHAMMAD ASLAM
Versus
GOVERNMENT OF THE PUNJAB and another
Writ Petition No. 2651 of 1990, heard on 12th April, 1992.
(a) Civil service---
----Appointment---Competent Authority had the discretion to determine suitability or otherwise of applicant, but such discretion was to be exercised on sound judicial principles and not arbitrarily, capriciously and/or in violation of rules in force on the subject-matter.
Amanullah Khan v. The Federal Government of Pakistan PLD 1990 SC 1092 and Administrative Law by Kenneth Culp Davis p. 94 rel.
(b) Punjab Civil Servants Act (VIII of 1974)---
----S. 22---Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, R.23---Relaxation of rules and regulations---Chief Minister could not relax all rules and regulations through an omnibus order to enable a' Minister to make recruitments.
Muhammad Iqbal Khokhar v: Government of the Punjab PLD 1991 SC 35 and Ikram Bus Service v. Board of Revenue PLD 1963 SC 564 rel.
(c) Constitution of Pakistan (1973)---
----Art. 4---Protection of law and to be treated in accordance with law---To enjoy protection of law and to be treated in accordance with law is inalienable right of every citizen of Pakistan---Obedience to Constitution and law is inviolable obligation of every citizen and of every other person for the time being within Pakistan---Petitioner having applied for specific post it was incumbent upon competent Authority to have disposed of his application alongwith other applications for the relevant post, justly, fairly and in accordance with law---Failure to do so had not only rendered grave miscarriage of justice to petitioner, but also violated his Constitutional right.
(d) Constitution of Pakistan (1973)---
----Art.199---Appointments by Minister in relaxation of Rules---Challenge to-- Non-impleading of necessary parties---Effect---Petitioner having failed to implead persons who were appointed by Minister on recommendations of Members of Assembly, their appointments could not be successfully challenged in Constitutional petition in their absence.
(e) Constitution of Pakistan (1973)---
----Arts. 4 & 199---Petitioner having applied for specific post, his application was not considered for having not been recommended by a Member of Assembly---Petitioner had a vested right to demand for disposal of his application by competent Authority in accordance with law---Application already made by petitioner for specific post would be deemed to be pending to be disposed of afresh on merits in accordance with law against any existing future vacancy alongwith other applications.
Muhammad Iqbal for Petitioner.
Maqbool Elahi Malik, A: G. Punjab for Respondents.
Date of hearing: 12th April, 1992.