ASAD ABBAS vs GOVERNMENT OF THE PUNJAB through Secretary Co-operative Societies Department, Lahore appointment

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ASAD ABBAS VS GOVERNMENT OF THE PUNJAB through Secretary Co-operative Societies Department, Lahore appointment to advertised post---Selection of candidates---Waiting list of candidates---Scope---When any of the selected candidates does not join the service, the department should consider the next candidate in the merit list for appointment against said post. Citation Name: 2024 PLC(CS) 142 LAHORE-HIGH-COURT-LAHORE ASAD ABBAS VS GOVERNMENT OF THE PUNJAB through Secretary Co-operative Societies Department, Lahore art.25---Civil service---appointment to advertised post---Selection of candidates---Discrimination---Waiting list of candidates---Petitioner challenged the order passed by department whereby his application for appointment as Sub-Inspector (BS-11), being next in merit, was turned down---Validity---Merit list was prepared in 2017 and department for the first time in 2018 requested the Public Service Commission to provide substitute candidates by clearly mentioning that none out of the four recommended candidates joined duty---In this view of the matter, petitioner came at Serial No. 4 of the waiting candidates, thus, his right to be considered for appointment being next in merit list accrued well within the validity of the merit list---In response, Public Service Commission only provided one substitute candidate and already recommended three candidates were again included---admitted position of the matter was that the recommended candidates had not joined the duties and the department was willing to make appointment from waiting candidates then why four candidates in the waiting list were not appointed simultaneously---Department was at fault in not actively completing the recruitment process and lingering on the matter without any legal justification---Waiting candidate had already been appointed but the petitioner was subjected to discrimination in violation of equality clause contained in article 25 of the Constitution---Petitioner could not be penalized for a wrong, lapse or ignorance on the part of the department---Impugned order was declared to be illegal and was set aside---Department was directed to redress the petitioner's grievance in liaison with the Public Service Commission---Writ petition was allowed, in circumstances.

ASAD ABBAS vs GOVERNMENT OF THE PUNJAB through Secretary Co-operative Societies Department, Lahore appointment to advertised post — 2024 PLC(CS) 142 LAHORE-HIGH-COURT-LAHORE

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