ABDUL RASHID Versus RIAZUDDIN , Mumtaz Khan, A.S.D.E.O.
The petitioner challenged a judgment declaring his appointment as a Chowkidar in a Government Primary School void ab initio. The appointment had been made in 1988 following the termination of the respondent, who had previously served as a part-time Bhishti-cum-Chowkidar. The petitioner's appointment was secured based on the recommendation of a Member of the Provincial Assembly (MPA). The core legal question was whether an appointment to a government post made solely on the recommendation of a political representative, such as an MPA, is legally sustainable. Relying on the precedent established in Munawar Khan v. Niaz Muhammad and others (1993 SCMR 1287), the Supreme Court held that the allocation of appointment quotas to Ministers, MNAs, or MPAs, and any appointments made pursuant to such recommendations, are illegal and void ab initio. Consequently, the Court upheld the impugned judgment, affirming that such political interference in the recruitment process is impermissible, and refused to grant leave to appeal, thereby maintaining the invalidation of the petitioner's appointment.
- Are appointments to government posts made on the recommendation of an MPA legal?
- Does the allocation of appointment quotas to political representatives like MNAs or MPAs render resulting appointments void ab initio?
ORDER
SALEEM AKHTAR, J.‑‑‑ The petitioner has challenged the judgment of the learned Judge in Chamber, whereby revision petition of respondent No.l 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 decla4d 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 MPA, 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 SCMR 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 MPA 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 R complete justice, we refuse to grant leave.
AA./A‑1242/S Leave refused.