Pakistan Case Law
1995 SCMR 999

ABDUR RASHID vs RIAZUDDIN and others

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Citation1995 SCMR 999
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 290-P of 1993
Date1995-01-10
Judge(s)Saleem Akhtar, Zia Mehmood Mirza and Mir Hazar Khan Khoso
Authored bySaleem Akhtar
ResultLeave refused
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal challenging a judgment by a Judge in Chamber, which declared the appointment of the petitioner as a Chowkidar in a Government Primary School to be void ab initio and illegal. The petitioner had been appointed to the post in 1988 based on the recommendation of an M.P.A., following the termination of the respondent, who had previously served as a part-time Bhishti-cum-Chowkidar. The core legal question addressed by the Supreme Court was the validity of government appointments made solely through the recommendations or quotas of political figures such as Ministers, MNAs, or MPAs. Relying on the precedent established in Munawar Khan v. Niaz Muhammad and others (1993 SCMR 1287), the Court held that the allocation of appointment quotas to political representatives and any appointments made pursuant to such recommendations are illegal and void ab initio. Consequently, the Court affirmed the lower court's decision to invalidate the petitioner's appointment, emphasizing that such practices violate the principles of fair and lawful recruitment into public service.

Questions settled in this judgment
  • Are appointments to government posts made on the recommendation of an M.P.A. valid?
  • Does the allocation of appointment quotas to Ministers, MNAs, or MPAs render resulting appointments illegal?
  • Is an appointment made through political recommendation considered void ab initio?
public appointmentpolitical recommendationvoid ab initiogovernment servicerecruitment quotaillegal appointment

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. 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.

Cited by 25 cases

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