Legal Case Summary

Case Details
Case ID 2bac05d2-6ae6-45e6-a572-bdda89aa9c5a
Body View case body.
Case Number Civil Appeal No. 716 of 1995
Decision Date Mar 12, 1999
Hearing Date
Decision The Supreme Court ruled that the appointment of the respondent as Laboratory Attendant based on the recommendation of a Member of Provincial Assembly (M.P.A.) was illegal. The court emphasized that appointments should be made strictly on merit and in accordance with constitutional provisions, thereby setting aside the Service Tribunal's judgment that had reinstated the respondent. The court directed that appointments be made through open competition, reinforcing the principles of transparency, fairness, and equal opportunity in public service appointments.
Summary The case revolves around the legality of an appointment made for the position of Laboratory Attendant in a government high school in D.I. Khan. The Supreme Court of Pakistan addressed the issue of appointments being made based on political recommendations rather than merit. The court highlighted the need for adherence to constitutional provisions and the importance of transparent and fair recruitment processes. This decision aligns with contemporary discussions on public service appointments and the need for meritocracy in government roles, making it a significant reference point for future cases regarding employment rights and public accountability. The ruling underscores the commitment to uphold the rule of law and ensure that all citizens have equal opportunities in public service, free from political influence.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges AJMAL MIAN, C.J., SH. RIAZ AHMED, CH. MUHAMMAD ARIF, JJ
Lawyers Qazi Muhammad Anwar, Advocate Supreme Court, Muhammad Zahoor Qureshi, Advocate-on-Record, Ijaz M. Khan, Additional Advocate-General, N.W.F.P.
Petitioners GHAZI
Respondents M. ABDUL KHALIQ and others
Citations 1999 SLD 478, 1999 SCMR 2308
Other Citations Munawar Khan v. Niaz Muhammad 1993 SCMR 1287, Abdur Rashid v. Riazuddin 1995 SCMR 999, Said Badshah v. Government of N.-W.F.P. PLD 1995 Pesh. 164, Mushtaq Ahmad Mohal v. Honourable Lahore High Court 1997 SCMR 1043
Laws Involved North-West Frontier Province Service Tribunals Act, Constitution of Pakistan
Sections 4, 2-A, 27, 38, 212