ANWAR FAROOQ SADOZAI, RESEARCH OFFICER, NATIONAL EDUCATION AND TRAINING COMMISSION versus THE CHAIRMAN, NATIONAL EDUCATION AND TRAINING COMMISSION, ISLAMABAD (NOW PMLC)
Article 4 Constitution of Pakistan (1973), Article 1212 (3) of the Service Tribunals Act 1974, the reappointment of seniority as applicant and respondent in the service was fixed in a scheme which was abolished and for the new project. Most senior four were to appoint applicants. No sanitary list was issued by the competent authority at the time of project cancellation, therefore, the order of the respondents was based on a misconception of the facts and that in any case, the applicant was senior before the application. The project; that with the termination of the project, the applicant was renewed on the merit as a Research Officer in view of his superior experience in the higher ranks and length of service and this appointment was made by the competent authority. Legally. And, therefore, the respondents had neither Lux Standi to challenge the appointment nor did lie have obtained the art right to hold the position of Research Officer instead of the Applicant, Azmi allowed the appeal to consider the applicant's misdeeds
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