LAHORE, Nov 4: The Lahore High Court (LHC) on Friday observed that appointments in public sector institutions without fulfilling essential requirement of advertising vacant posts in the press amounted to seizing legal rights of other eligible candidates.

Justice Sheikh Azmat Saeed observed this while hearing a petition against the appointment of a retired army colonel as director administration and coordination at the University of Health Sciences (UHS).

The judge took serious notice when it transpired that respondent Javed Iqbal was appointed without advertising the post and had also been granted extension for three terms. Justice Saeed said the court would not remain silent on such violations of fundamental rights.

The court sought a reply from the Punjab government and the UHS authorities by Nov 11.

A citizen, Asmatullah Khan, through his counsel, Nasir Mehmood Qureshi, said the respondent was appointed on May 20, 2003, as general-manager, administration and coordination, on a contract basis for a period of one year. And the appointment was made without advertising the post in sheer violation of law and rules.

The counsel said that not advertising the post before appointment was a sheer violation of fundamental rights of all other citizens who were eligible for appointment to the post.

He said the respondent was a blue-eyed person of UHS authorities and despite his appointment on May 20, 2003, he had assumed the charge of the post on May 6, 2003, and he was paid even for that period during which he had not actually served.

The counsel further alleged the respondent was over 66 years of age, whereas under Section 47 of the UHS Ordinance, an employee on reaching the age of 60 years shall stand retired.

He referred to a Supreme Court verdict under which services of all retired contract employees had been directed to be terminated and said that allowing the respondent to continue was yet another violation.

He said the respondent had been granted extension for four years without inviting applications from other candidates.

The counsel pointed out that the respondent was appointed for a period of one year against a fixed monthly salary of Rs26,603 and thereafter, his contract had been revised in terms of pay and allowances permissible to any BS-19 official.

He said later the post was re-designated as director, administration and coordination, and Col Iqbal was allowed to continue for another five years in violation of law and the government policy.

The petitioner prayed that the impugned appointment be declared unconstitutional and of no legal effect and the post be declared vacant.