LAHORE: The Lahore High Court has ruled that where a joining does not take place or some candidate leaves after joining, only then the next candidate on the merit/waiting list can be offered the job.

However, if a candidate after joining is dismissed from service, the next candidate on the merit list cannot be appointed but the said seat has to be filled through a fresh recruitment process, Justice Abid Aziz Sheikh observed, dismissing a petition by a candidate.

The Pakpattan district government advertised four posts of Secondary School Educators (SSE) under the Recruitment Policy 2011.

Petitioner Babar Sultan applied for the post of SSE (Engineer) and as per merit list, he was placed at serial No. 5.

Court rules vacant posts due to dismissals require fresh recruitment

All four successful candidates joined and the recruitment process was completed.

However, subsequently services of one appointed candidate were terminated under Punjab Employees Efficiency, Discipline and Accountability Act, 2006.

At this, the petitioner applied for his appointment being next on the merit list, however, his request was declined by the authorities concerned.

In the writ petition, a counsel for the petitioner argued that the post became vacant due to termination of service of an incumbent, therefore, the petitioner was entitled to be appointed for being next on the merit list.

Opposing the petition, a law officer of the Punjab government stated that the terminated candidate was not only appointed but also joined the post. Therefore, he said, the post was no longer vacant for appointment from the waiting list.

Justice Sheikh observed that under the 2011 policy, in case a person joins and leaves the same, only then a person next on the merit list can be selected.

He noted in the case in hand the terminated candidate did not leave the post on his own rather was removed from service, therefore, the petitioner could not be appointed against the said post.

The judge maintained that the seat falling vacant following termination can only be filled through a fresh recruitment process.

The judge explained that when a person does not leave voluntarily after joining but is dismissed from service, there is a stigma attached to the said dismissal. He said such removal from service order is subject to challenge and the next candidate on merit list cannot be appointed unless and until the decision of dismissal attains finality from all relevant forums.

The judge dismissed the petition being meritless.

Published in Dawn, December 29th, 2024