ZAFARAN KHAN vs NIZAM ULLAH R — 2023 PLD 371 SUPREME-COURT

Case information

Citation: 2023 PLD 371 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLD
Parties: ZAFARAN KHAN vs NIZAM ULLAH R

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ZAFARAN KHAN VS NIZAM ULLAH R. 10---Government job---Procedural irregularity---Appointment without advertisement in newspaper---Emergency situation---Appellants were appointed after a selection process held without advertisement in newspaper---High Court in exercise of Constitutional jurisdiction set aside the appointments of appellants---Validity---Although vacancies were not advertised in newspaper yet information about the same was communicated to public at large by putting up advertisement at conspicuous places in the District---In response, several persons including appellants applied for recruitment and the department appointed appellants after completing codal formalities---Appellants did not obtain their appointments through back door nor they could be penalized for not publishing the advertisement in newspaper---Appellants had served for more than 10 years without any complaint and had lost all their chances to get fresh appointment elsewhere, as they had become overage---Removal of appellants would tantamount to hitting them hard, which would create massive problems for the society as each appellant was a bread earner for his family---High Court should not have exercised its discretionary power notwithstanding that there was a procedural impropriety in advertisement of vacancies---Supreme Court set aside the judgment passed by High Court---Appeal was allowed.

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