RIAZ MUHAMMAD vs ASAD ULLAH KHAN S — 2022 PLC(CS) 461 PESHAWAR-HIGH-COURT

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RIAZ MUHAMMAD VS ASAD ULLAH KHAN S.42---Constitution of Pakistan, Arts. 9 & 27---Personal security and rule of law---Appointment---Procedure---Accrual of right---Respondent's suit against authorities of education department was concurrently decreed against appointments, on ground that the same were without authority and in violation of law---Petitioners' (appointees) contented that suit was filed without asserting right, without accrual of cause of action, based upon alleged transfer of immovable property against which no service could be claimed; that suit was defective for non-joinder/misjoinder---Validity---E.D.O.(E&SE) was given additional charge for looking after the matters but he could not make any appointment against the posts in question---Recommendations forwarded by inquiry committee against E.D.O.(E&SE) showed that he had violated rules and misused his official powers and was not empowered for any appointment/transfer---On the basis of said inquiry, Secretary Education had imposed upon E.D.O. (E&SE) penalty of withholding of his two annual increments---Appointments of petitioners were without authority and were of no legal effect---Petitioners were initially appointed on fix pay and were not regular employees at the time of institution of respondent's suit, hence, no right was accrued at that time---Petitioners had opportunity to defend their right and contest the suit but they could not substantiate their version---Concurrent findings of courts below were well-reasoned and legally correct---Where law required doing something in a particular manner it had to be done in the same manner and not otherwise---Authority was incompetent, proper procedure was not adopted, neither the posts were advertised nor applications were invited---Petitioners remained in service/received salary, so principle of locus poenitentiae could not attract---Revision petition was dismissed accordingly. Head Notes

RIAZ MUHAMMAD vs ASAD ULLAH KHAN S — 2022 PLC(CS) 461 PESHAWAR-HIGH-COURT

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