Appointments/Promotions

  1. Order on the basis of which appointment order of the appellant was annulled has been written by D.E.O. and not by Divisional Director of Schools — Order of Divisional Director not placed on record — Held: It cannot be presumed in vacuum that order passed by D.E.O. was passed on direction of Divisional Director of Schools. A. Rashid v. D.E.O. and another 1997 SCR 367 (B)
  2. Selection Board — Test & interview — Name of the respondent nowhere figures in merit list—Neither he appeared nor applied for the post — Written statement — Held: Written statement of the respondent totally negates the argument of his counsel — Respondent was not eligible to be appointed in place of appellant. Abdul Rashid v. D.E.O. and another 1997 SCR 367 (C)
  3. Appellant appeared before the Selection Committee in light of advertisement and passed the test and interview — Under law they are entitled to be appointed against the vacant posts for which they contested — Education Department should have issued their appointment orders in light of merit list. Nasreen Akhtar & 3 others v. Sameena Bilqees & others 2006 SCR 312 (B)
  4. Appointments and promotions without recommendations of Selection Committee, void ab initio — Promotion order of civil servant not in accordance with law can recalled without notice — The scheme of law/rules is clear that all the appointments have to be made on the recommendations of Selection Committee. Held: The appointments made without the recommendations of Selection Committee are void ab initio — Similarly the promotion orders are issued on the recommendations of Selection Committee and any promotion/appointment order issued in violation of the relevant rules is void ab initio and not sustainable. Muhammad Khurshid & another v. Secretary Education Schools & 4 others 2011 SCR 175 (A)
  5. Held: The promotion order of a civil servant can be recalled during the probationary period without issuing a notice to him, if it was not passed in accordance with law or rules. Muhammad Khurshid & another v. Secretary Education Schools & 4 others 2011 SCR 175 (B)
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