FAISAL RASHEED vs SINDH EMPLOYEES SOCIAL SECURITY INSTITUTION art — 2023 PLC(CS)N 3 KARACHI-HIGH-COURT-SINDH |

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FAISAL RASHEED VS SINDH EMPLOYEES SOCIAL SECURITY INSTITUTION art. 199---Constitutional petition---Service matter---Restoration in service---Factual controversy---Petitioners were employees of Sindh Employees Social Security Institution, whose services were dispensed with on the accusation of lack of academic appointment without fulfilment of codal formalities---Validity---appointment in the public office could only be made through competitive process on merit as provided under recruitment rules, without any discrimination, and in a transparent manner---all appointments in public institutions must be based on a process that was substantially and tangibly fair and within the parameters of its applicable rules, regulations, and bylaws, i.e. advertisement, written test, and interview by recruitment/selection committee---If candidate had applied based on such an admissible quota under law he could be accommodated subject to his qualification for the post under recruitment rules---High Court declined to entertain claims, and counter-claims of parties as those were disputed questions of facts and could not be adjudicated by High Court while exercising Constitutional Jurisdiction---High Court declined to adjudicate petition under art. 199 of the Constitution and left the matter upon competent authority of respondent Institution---High Court pointed out that respondent-Sindh Employees Social Security Institute did not realize its own mistake in time by recruiting petitioners in year 1998 and onwards without advertisement, disclosing academic pre-requisites, and they continued to avail their services; and, after a considerable period, they perceived that their basic appointments were not under the Service Regulations of SESSI---High Court directed the Institution to scrutinize/examine eligibility of petitioners and those whose academic degrees, which they were holding at the time of initial appointment, were verified, would be retained as employees--- Constitutional petition was disposed of accordingly.

FAISAL RASHEED vs SINDH EMPLOYEES SOCIAL SECURITY INSTITUTION art — 2023 PLC(CS)N 3 KARACHI-HIGH-COURT-SINDH

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