MUHAMMAD QASIM, MECHANIC vs SUPERINTENDENT ENGINEER PUBLIC HEALTH ENGINEERING/BUILDING (NORTH) POONCH DIVISION

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MUHAMMAD QASIM, MECHANIC VS SUPERINTENDENT ENGINEER PUBLIC HEALTH ENGINEERING/BUILDING (NORTH) POONCH DIVISION RAWALKOT AZAD KASHMIR R.17---Petitioners contended that they were serving as temporary employees of Public Health Department since long; that petitioners had contested the test and interview and attained merit positions but they could not be appointed under the passion of favouritism and pick and choose; and that merit lists prepared by the department had been prepared with mala fide in order to deprive the petitioners from their livelihood by listing them below in the merits lists---Respondent/department stated that petitioners were appointed purely on temporary basis and after test/interview the suitable candidates had been appointed; that appointment orders presented by the petitioners were fake and had not been issued from competent authority---Respondents contended that the petitioners had applied for advertised posts, participated in the selection process and after failing in attaining merit positions, they had challenged the whole process, which was not admissible under law/principle of acquiescence---Held, that no law entitle an employee, appointed on temporary/work-charge basis, to be adjusted/appointed permanently against a vacant post---For permanent appointment of an employee/civil servant, post had to be advertised and then equal opportunity was to be provided to all the eligible candidates and after the requisite test and interview the appointment was to be made on merit basis---Merit list, annexed with the file, showed that the petitioners were listed far below than the candidates who had been appointed---High Court had not found any reason/ground to abrogate the appointment orders of the respondents---Petitioners were not competent to file the writ petition after having participated in the selection process and failing to obtain desired results---High Court observed that petitioners had served for a pretty long period and deserved to be adjusted and department should consider their request on humanitarian grounds, however, no relief could be granted to them in the present petition---Writ petition was dismissed accordingly.

MUHAMMAD QASIM, MECHANIC vs SUPERINTENDENT ENGINEER PUBLIC HEALTH ENGINEERING/BUILDING (NORTH) POONCH DIVISION RAWALKOT AZAD KASHMIR R — 2022 PLC(CS) 1270 HIGH-COURT-AZAD-KASHMIR

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