| Case ID |
1bb2e4dd-89ab-47d0-8a66-aa47d4c1b5a4 |
| Body |
View case body. Login to View |
| Case Number |
C.P.No. 27-Q and 31-Q of 1989 |
| Decision Date |
Jun 06, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal in both cases concerning the legality of the appointment process for the Naib-Tehsildars. The High Court's decision was challenged on the basis that ad hoc appointees should not be compelled to re-apply for their positions, as they were initially appointed in accordance with the rules. The Court acknowledged that the petitioners had not been called for clearance before the Divisional Selection Committee and that the advertisement for new applications was an act beyond the authority of the appointing authority. The Court emphasized the importance of adhering to the original terms of appointment and the rights of the petitioners under the Balochistan Naib-Tehsildari Rules, 1980. The decision indicates a need for a careful review of the appointment process and the rights of temporary employees in similar situations. |
| Summary |
This case revolves around the legal principles governing the appointment of Naib-Tehsildars in Balochistan, Pakistan. The Supreme Court addressed the conflict between ad hoc appointees and the appointing authority's decision to advertise for new candidates. The petitioners, who were appointed temporarily, argued that they should not be compelled to re-apply, citing their legal appointment under existing rules. The Court's decision underscores the need for transparency and fairness in public service appointments, particularly in the context of temporary versus permanent employment rights. Keywords such as 'Balochistan Naib-Tehsildari Rules', 'temporary appointment rights', and 'legal appointment processes' are crucial for understanding the implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
M. Aslam Chishti, Advocate Supreme Court,
Tariq Mahmood, Advocate-on-Record,
Iftikhar Muhammad, Advocate-General, Balochistan
|
| Petitioners |
others,
SAIFULLAH
|
| Respondents |
others,
TARIQ HUSSAIN
|
| Citations |
1990 SLD 575,
1990 SCMR 366
|
| Other Citations |
Not available
|
| Laws Involved |
Balochistan Naib-Tehsildari Rules, 1980,
Constitution of Pakistan (1973)
|
| Sections |
R.5,
Art. 212 (3)
|