Unzala Zaffar Vs Govt. of Pakistan

JUDGMENT SHEET

IN THE PESHAWAR HIGH COURT, D.I.KHAN BENCH

(Judicial Department)

W.P No. 840-D of 2015

JUDGMENT

Date of hearing 20.06.2016

Appellant-petitioner Mst Unzla Zafar by Muhammad Yousaf Khan Advocate

Respondent Govt of Pakistan etc by Hashmatur Rehman Standing Counsel

MUHAMMAD GHAZANFAR KHAN, J.- Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner Mst.

Unzla Zafar seeks issuance of writ directing respondent No.3 to accept her arrival report and allow her to joined her duties.

2.As per contents of the petition, the petitioner is M.Sc (Honors) in Department of Agriculture Entomology by securing 1094 out of 1200 and topped B.Sc Honors and M. Sc Honors. The respondents invited different posts in daily newspapers as well as through PARC website and the petitioner applied for the post of Scientific Officer. She appeared in the NTS examination and secured 52.5% marks and she was directed to appear

for the interview alongwith the attested copies of testimonials. She appeared before the respondents and thereafter her appointment order dated 09.12.2015 was issued by respondent No.8. She was referred by respondent No.8 for medical examination and she submitted her medical certificate issued by Medical Superintendent, DHQ Teaching Hospital, D.I.Khan. The petitioner wanted to join her duties but respondent No.3 refused to accept her arrival report, hence the petition.

3.Comments were called from respondent No.3 which have been submitted. In para-1 of the comments on facts, respondents stated that the petitioner is concealing material facts about qualification of M. Sc (Hons), the DMC/transcript provided by petitioner alongwith her application form is of two semesters only whereas M. Sc (Hons) program consists of four semesters. It was further stated that her pre-board of studies thesis seminar of M.

Sc (Hons) has been conducted on 11.12.2015 and final BOS will be held in January and February, 2016, wherein her thesis will be thoroughly scrutinized, whereafter her viva voce will be conducted by an external examiner/expert and then finally her degree program of M. Sc (Hons) Entomology will be completed, therefore,

her stance of securing 1094 out of 1200 is not based on facts.

4.It is worth to be mentioned here that on 17.12.2015 while dealing with C.M.No.888-D/2015, this Court issued notice to Arif Khan, Director (Establishment) Pakistan Agriculture Research Council, Islamabad to appear in person and in the meanwhile appointment order dated 09.12.2015 of petitioner was to remain intact and petitioner was directed to assume her charge of the post. In consequence of above order, arrival of petitioner was accepted and as it appears from the record, on 14.12.2015, appointment order of the petitioner was cancelled and one Ashraf Khan was appointed as Scientific Officer who has submitted an application for his impleadment as respondent.

5.We have heard the arguments of learned counsel for the parties and have gone through the available record.

6.In the instant case, the stance of the petitioner is that she is M.Sc (Honors) in Department of Agriculture Entomology by securing 1094 out of 1200 and topped M.

Sc Honors whereas according to respondents, the DMC/transcript provided by petitioner alongwith her

application form is of two semesters only whereas M. Sc (Hons) program consists of four semesters and her pre- board of studies thesis seminar of M. Sc (Hons) has been conducted on 11.12.2015 and final BOS will be held in January and February, 2016, wherein her thesis will be thoroughly scrutinized, whereafter her viva voce will be conducted by an external examiner/expert and then finally her degree program of M. Sc (Hons) Entomology will be completed, therefore, she concealed the real facts.

7.Without entering into intricacy whether petitioner was eligible for appointment as Scientific Officer or not, suffice it to say that she has annexed with her petition, the result of National Testing Service, Pakistan for the post of Scientific Officer and secured 52.5 marks which has not been denied by the respondents.

When according to respondents, the petitioner was not eligible as she had not completed her M. Sc (Hons), why she was called for interview and why her appointment order was issued? If any scrutiny was required, it should have been undertaken before the petitioner was called for interview and her appointment order was issued. The stance taken by the respondents appears to be afterthought and does not appeal to a prudent mind. Pursuant to order of this Court dated 17.12.2015, the petitioner has

submitted her arrival report and is performing her duties since then and by now a valuable right has accrued to her which cannot be taken away lightly.

8.So far as the application of Ashraf Khan for his impleadment as respondent is concerned, we have been provided copy of Notification dated 03.6.2016 issued by Agriculture, Livestock and Cooperative Department, Khyber Pakhtunkhwa whereby said Ashraf Khan has been appointed as Research Officer (Etomology). So keeping in view his appointment order, there is no need to implead him as respondent in the instant petition. His application for appointment is, therefore, dismissed.

9.For the reasons mentioned above, we accept the instant petition and direct the respondents to allow the petitioner to join her service (which she has joined as per Court order) and release her salary forthwith.

Announced.

Dt:20.6.2016.

Habib/* JUDGE

JUDGE