| Case ID |
1787bd50-62d6-405e-bc97-d1dab0dc9f77 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 290-P of 1993 |
| Decision Date |
Jan 10, 1995 |
| Hearing Date |
Jan 10, 1995 |
| Decision |
The Supreme Court of Pakistan upheld the High Court’s decision in Civil Petition No. 290-P of 1993, declaring the appointment of SALEEM AKHTAR to the post of Chowkidar void ab initio and illegal. The petitioner’s appointment, made on the recommendation of a Member of Provincial Assembly (M.P.A), was challenged based on the constitutionality of quota allocations to political representatives. The court referenced the precedent set in Munawar Khan v. Niaz Muhammad and others, emphasizing that such appointments influenced by political quotas are inherently illegal. Consequently, the petitioner’s appointment was nullified, and the respondent’s original position was restored. The Supreme Court refused to grant leave to appeal, thereby affirming the High Court’s ruling and reinforcing the integrity of civil service appointments under the Constitution of Pakistan. |
| Summary |
In the landmark case of ABDUR RASHID vs RIAZUDDIN and others, Civil Petition No. 290-P of 1993 was adjudicated by the Supreme Court of Pakistan on January 10, 1995. The petitioner, ABDUR RASHID, contested the appointment of SALEEM AKHTAR to the position of Chowkidar at the Government Primary School in Kot Attal Sharif, Tehsil Kulachi. AKHTAR’s appointment, which was made based on the recommendation of a Member of Provincial Assembly (M.P.A), was challenged as being void ab initio and illegal. This challenge was rooted in the constitutional provisions outlined in Article 185(3) of the Constitution of Pakistan (1973), which addresses the allocation of quotas and appointments within civil services.
The respondent, Riazuddin, had been appointed as a part-time Bhishti-cum-Chowkidar in 1983, but his service was terminated in 1988. Subsequently, SALEEM AKHTAR was appointed to his position, an action that Riazuddin contested without success until the High Court’s intervention. The High Court granted relief to Riazuddin, ruling the appointment of AKHTAR as invalid. The Supreme Court, comprising Justices Saleem Akhtar, Zia Mehmood Mirza, and Mir Hazar Khan Khoso, reviewed the case, focusing on the legality of appointments influenced by political recommendations from MPAs.
Referencing the precedent established in Munawar Khan v. Niaz Muhammad and others (1993 SCMR 1287 rel.), the Supreme Court reinforced the principle that allocations and appointments made under political quotas to Ministers, MNAs, and MPAs are inherently illegal from the outset (ab initio). The court emphasized the necessity of maintaining the integrity and legality of civil service appointments, free from undue political influence. As a result, the Supreme Court upheld the High Court’s decision, declaring AKHTAR’s appointment void and restoring Riazuddin’s original position.
Legal representation for the petitioner was provided by Qazi M. Anwar and Muhammad Zahoor Qureshi, Advocate-on-Record, while Sirajuddin (father) and Mumtaz Khan represented the respondents. The court's decision underscored the importance of adherence to constitutional mandates in civil service appointments and served as a significant affirmation against the politicization of administrative positions. By refusing to grant leave to appeal, the Supreme Court conclusively affirmed the High Court’s judgment, thereby reinforcing the rule of law and the principles of fairness and legality in public service appointments in Pakistan. This case has since been cited in various legal contexts to uphold the sanctity of constitutional provisions governing civil service appointments and to deter the misuse of political influence in administrative affairs. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
M.P.A,
Government Primary School, Kot Attal Sharif,
Tehsil Kulachi,
Peshawar High Court Branch Registry D.I. Khan
|
| Judges |
Saleem Akhtar,
Zia Mehmood Mirza,
Mir Hazar Khan Khoso
|
| Lawyers |
Qazi M. Anwar,
Muhammad Zahoor Qureshi,
Sirajuddin (father),
Mumtaz Khan
|
| Petitioners |
Abdur Rashid
|
| Respondents |
Riazuddin and others
|
| Citations |
1995 SLD 1455,
1995 PLC 744
|
| Other Citations |
Munawar Khan v. Niaz Muhammad and others 4993 SCMR 1287 rel.
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
185(3)
|