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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: ABDUR RASHID VS Respondent: RIAZUDDIN and others
Court Name: Supreme Court of Pakistan Judge(s): Mir Hazar Khan Khoso, Saleem Akhter, Zia Mahmood Mirza Title: ABDUR RASHID vs RIAZUDDIN and others Case No.: Civil Petition No, 290-P of 1993 Date of Judgment:1995-01-10 Reported As: 1995 SCMR 999 Result: Leave refused
Judgment ORDER ' SALEEM AKHTAR, J.---The petitioner has challenged the judgment of the learned Judge in Chamber, whereby revision petition of respondent No,1 was accepted and the appointment of the petitioner against the regular post of Chowkidar in the Government Primary School Kot Attal Sharif, Tehsil Kulachi, was declared to be void, ab initio and illegal. 2. In the year 1983, respondent No,1 was appointed as a part-time Bhishti-cum-Chowkidar. However, in the year 1988 at the time of regularisation of the post, his service was terminated on 15- 3-1988 while on the recommendation of a M.PA., the petitioner was appointed in his place. Respondent No,1 challenged the action of respondents Nos. 2 and 3 but did not succeed. However, by the impugned judgment, relief was granted to him. 3. Similar question as involved in the present petition, came up for consideration in Munawar Khan v. Niaz Muhammad and others (1993 SCM R 1287) where it was held that "allocation of such quotas to the Ministers/MNAs/MPAs and appointments made thereunder are all illegal, ab initio and have to be held so by all Courts, Tribunals and authorities". The appointment made on the recommendation of M.PA. Was held to be void ab initio and illegal and while allowing appeal the order of appointment of the appellant was restored. In the facts and circumstances of the case, for doing complete justice, we refuse to grant leave.
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revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.