Appointment latter meaning , Appointment letter can't withdraw, and department cant review their orders. LLB decree is equal to Master decree


An appointment letter is a formal document issued by an employer to a candidate selected for a position. It outlines the terms and conditions of the employment and officially confirms the individual's appointment to the job. While the exact content can vary, here are common elements typically included in an appointment letter:

1. **Job Title and Department:**
   - Clearly state the position the candidate is being appointed to and the department they will be a part of.

2. **Date of Joining:**
   - Specify the date when the employee is expected to start working.

3. **Salary and Compensation:**
   - Outline the salary, any benefits, and other compensation details. This may include information on bonuses, allowances, or other perks.

4. **Working Hours:**
   - Specify the regular working hours and any other relevant details regarding the work schedule.

5. **Probation Period:**
   - If applicable, mention the duration and conditions of any probationary period.

6. **Terms and Conditions:**
   - Detail the terms and conditions of employment, including any policies or rules the employee is expected to adhere to.

7. **Reporting Structure:**
   - Clearly indicate who the employee will report to and the hierarchical structure within the organization.

8. **Termination Clause:**
   - Include information on the conditions under which employment may be terminated, notice periods, and any other relevant details.

9. **Confidentiality and Non-Disclosure:**
   - Include clauses regarding the confidentiality of company information and any non-disclosure agreements.

10. **Confirmation of Offer Acceptance:**
    - Request the employee's confirmation of acceptance by a specified date.

11. **Contact Information:**
    - Provide contact details for the employee to reach out in case of questions or concerns.

Always ensure that the appointment letter complies with local labor laws and regulations, and it's recommended to seek legal advice when drafting such documents to ensure accuracy and compliance.




Case laws about appointment latter



8.
JUDGMENT SHEET
IN THE LAHORE HIGH COURT 
MULTAN BENCH MULTAN
JUDICIAL DEPARTMENT
Writ Petition No.12396 of 2017
Baqir Hameed & another
versus
The Government of Punjab etc.
JUDGMENT
Date of hearing: 20.06.2018.
Petitioners by:
Raja Naveed Azam, Advocate.
Respondents by: Mr. Muhammad Aurangzeb Khan AAG with 
M. Akram Shahid, DEO (M-EE), Muzaffargarh.
----------------------------------------------------------------------------------------------------------------------------------
MUZAMIL AKHTAR SHABIR J. Through this 
Constitutional petition, the petitioners have called in question the 
order dated 23.08.2017, passed by District Education Officer (M-EE) 
Muzaffargarh, whereby the appointment letters issued to the 
petitioners for the post of ESE (Science/Math) have been withdrawn. 
2.
Brief facts of the case are that the respondents advertised for 
recruitment of educators in District Muzaffargarh. The petitioners 
having academic qualification B.A, LL.B. applied for appointment to
the posts of ESE (Science/Math). They cleared NTS test as well as the 
interview and were selected and appointed on 02.08.2017, where-after 
they joined their place of posting in respective schools, all of a 
sudden, the District Education Officer (M-EE) Muzaffargarh/
respondent No.4 withdrew the appointment letters of the petitioners
vide order dated 23.8.2017. The said order is under challenge through 
this Constitutional petition.
3.
Learned counsel for the petitioners argued that the appointment 
letters of the petitioners have been withdrawn without issuing showcause notices to the petitioners or providing them an opportunity of 
being heard. It is also claimed that the withdrawal order is mala fide
and based on colourful exercise of jurisdiction. Furthermore, it is 
W.P. No.12396/2017
-:2:-
claimed that the Higher Education Commission (‘HEC’) recognizes 
the educational qualification of LL.B as equal to Master Degree 
therefore, the action of the respondents to deduct the marks awarded 
to the petitioners for qualification of Master Degree is without lawful 
authority and consequently the order dated 23.8.2017 of withdrawal of 
their appointments is liable to be struck down. 
4.
On the other hand, learned AAG has argued that the petitioners 
did not hold Master Degree and were not entitled to be granted marks 
for the same, hence claims that the marks for Master Degree were 
erroneously awarded and rightly deducted whereby the petitioners 
were not able to maintain their position in the merit list prepared for 
the said appointments and consequently their appointment letters have 
been rightly withdrawn.
5.
Arguments heard. Record perused.
6.
From the perusal of the Recruitment Policy 2016-2017 for 
School Specific Educators and SSE (Assistant Education Officers)
“Policy” and the advertisement dated 19.10.2016 published in daily 
Nawa-i-Waqt issued by respondents for the purpose of appointment of 
educators, it is observed that the academic qualification prescribed for
the appointments of teachers of ESE (Science/Math) BS-9 includes
Master Degree, Bachelor Degree and LL.B, etc., at least in second 
division, which is reproduced below: 
Nomenclature
of post
Academic Qualification
(at least 2nd Division
Professional 
Qualification
(at least 2nd
Division)
ESE 
(SciMath)
MA/MSC/B.Sc/BA/BA(Hon)/BSc(Hon)/BBA/MCS/
BCS/M.Sc.(IT)/MIT/LLB/M.Com/B.Com/MBA/ 
BS (Hon)/ADE/MBIT/ BBAIT/ BS(TS 4 years)/
Master degree/Bachelor degree/DVM/Animal 
Husbandry/Doctor of Pharmacy/ Graduation in 
Engineering/Technology/ Agriculture/ Nursing/
Commerce in any Subject(s)/ Discipline/ Trade/
Technology OR Master Degree/ Bachelor Degree/
Bachelor Honor Degree/ ADE and intermediate 
with at least two major subjects out of Physic, 
Chemistry, Biology, Mathematics, Statistics and 
Computer Science OR MSEd/ BSEd with at least 
two subjects out of Chemistry, Zoology, Botany, 
Physics Math-A Course, Math-B Course & Math.
W.P. No.12396/2017
-:3:-
7.
The Policy provides the following ranking criteria for 
appointment of Educators: 
“RANKING CRITERIA FOR EDUCATORS.
Interview 
Professional Qualification
Marks allocated for academic qualification
 Matric 13 marks
 Intermediate 15 marks
 Graduation 15 marks
 Master Degree 15 marks
Local Residence
Test 
Total Merit Marks
05
05
58
12
20
100
Note: 
(i)
Merit marks to be calculated on the basis of percentage 
obtained in each examination. 
(ii)
……………………
(iii) The candidates of ESE of ESE (Sci-Math) having Master 
Degree in any subject are considered academic qualification. 
However, M.Ed/MA(Edu)/B.Ed degree shall be considered as 
professional qualification.
(iv)
…………………
(v)
…………………
(vi)
…………………
(vii) Merit marks for BA/BS(Hons 4-years), B.Sc (4-years) in 
Agriculture and B.Sc (4-years) in Engineering/Technology 
are calculated out of the qualification marks of Graduation 
plus Masters decree.
(viii) …………………
(ix) The candidates shall submit their certificates/result cards 
with application clearly indicating total marks, subject wise 
allocated marks and obtained marks issued by the concerned 
Controller of Board or recognized University. Further, a 
certificate issued by the concerned Controller of Board / 
University shall be attached with the application regarding 
conversion of CGPA into percentage marks, if applicable.”
8.
From the perusal of ranking criteria, it is apparent that the 
candidates were to be awarded marks out of 58 allocated for the 
educational qualification, which were further sub-divided as 
Matric-13 marks, Intermediate-15 marks, Graduation-15 Marks and 
Master Degree-15 marks. The LL.B Degree has not been mentioned in 
W.P. No.12396/2017
-:4:-
the said ranking criteria although the said Degree is mentioned as one 
of the basic required academic qualifications for appointment to the 
said posts.
9.
Now, the questions arise for determination are that Whether the 
LL.B Degree would be treated as equal to Graduation or Master 
Degree and Whether LL.B Degree holders are entitled to receive 
marks allocated for academic qualification of Master Degree for the 
purpose of appointment to the post of ESE (Science/Math). In this 
regard, it is observed that during the recruitment process, the 
respondents treated the LL.B qualification as equivalent to Master
Degree and awarded marks on the basis of percentage obtained in the 
LL.B examinations and issued appointment letters to the petitioners 
but after they joined their services, all of sudden on 23.08.2017, their 
appointment letters were withdrawn on the ground that LL.B Degree 
holder candidates had erroneously been awarded marks for LL.B 
Degree by treating them as holders of Master Degree. The said action 
of the respondents was called in question in Constitutional petition 
(W.P.No.5598/2017) titled Muhammad Saleem and 13 others, and the 
same was referred by this Court vide order dated 15.08.2017 to the 
Secretary SED Lahore/ respondent No.1 as a representation to decide 
the matter in accordance with law and policy applicable thereto. 
Thereafter the respondent No.1 rejected the claim of the petitioners 
for treating LL.B as equal to Master Degree and held that candidates 
having LL.B Degree were not eligible to claim 15 additional marks
for their Degree by treating the same as equivalent to Master Degree 
(M.A.). Consequently the orders of appointment issued to the 
petitioners were claimed by the respondents to have been rightly recalled. 
10. In advertisement for appointment, LL.B is one of the academic 
qualifications required for the purpose of appointment, which is 
mentioned alongwith qualification of Master Degree and degrees
equivalent to Master and Bachelor are also included in the prescribed 
W.P. No.12396/2017
-:5:-
qualification. However, it has not been mentioned Whether the LL.B 
Degree would be treated equal to Graduation or Master Degree. The 
LL.B Degree is a Degree higher than the Graduation/Bachelor Degree 
and is obtained after completing study course comprising of 3-years 
after Graduation. In the Note No.(vii) attached to the Ranking Criteria 
(supra) it is mentioned that Merit marks for BA/BS(Hons 4-years), 
B.Sc.(4-years) in Agriculture and B.Sc. (4-years) in Engineering/
Technology are calculated out of the qualification marks of Graduation plus 
Master Degree. From the perusal of the afore-referred Note, it is observed 
that even a Bachelor Degree having duration of four years is treated as 
equal to Master Degree and its marks are to be calculated out of the 
qualification marks of Graduation plus Master Degree based on years of 
education although the same by its nomenclature is not a Master Degree.
Therefore, on the basis of same criteria and analogy, the LL.B Degree 
cannot be equated with a Bachelor Degree only and is to be treated more 
than the same. 
11. The Higher Education Commission vide its letter dated July 
27th 2017, has declared the Bachelor of laws equal to Master Degree
for the purposes of academic qualification, which letter is reproduced 
below.
“7.
With reference to your application dated July 27th 2017 
on the subject, it is informed that University of Sargodha is a 
chartered university in public sector. The Higher Education 
Commission recognizes Bachelor of Laws “Transcript” held by 
you from University of Sargodha after ‘B.A/14-years schooling 
as equivalent to corresponding Bachelor of Laws (LL.B) degree. 
On the basis of year of schooling, holder of Bachelor of Laws 
degree may apply for the posts where required qualification is 
Master’s degree in general stream involving 16-year of 
schooling. It may also be noted that admission in a university 
for further education and determination of suitability in relation 
to job requirement rest with the concerned university and 
employing agency, respectively and thus Commission has no 
role in such issues. This letter is being issued on provisional 
basis subject to submission of original LL.B degree.”
(emphasis supplied).
W.P. No.12396/2017
-:6:-
12. The Higher Education Commission is authorized to declare 
equivalence of degrees and a degree not recognized by Higher 
Education Commission if worthless like a piece of paper and cannot 
be equated to that of a ‘Degree’ because such Degree is subject to 
recognition which provides sanctity to the Degree. Reliance is placed 
on Haji Nasir Mehmood v. Mian Imran Masood & others (PLD 2010 
Supreme Court 1089). In the said judgment, while discussing the 
powers of HEC in section 10(o) of the Higher Education Commission 
Ordinance, 2002 it has also been observed that Higher Education 
Commission may determine equivalence and recognition of Degrees, 
Diplomas and Certificates awarded not only by Institutions within the 
country but as well as the institutions functioning abroad. The relevant 
portion of the judgment has been reproduced below:
“11. A bare reading of Section 10(o) would make it abundant 
clear that the Commission may determine the equivalence and 
recognition of degrees, diplomas and certificates awarded not 
only by the institutions within the country but as well as the 
institutions functioning abroad. We are not impressed by the 
contention of Mr. Muhammad Akram Sheikh, learned Sr. 
Advocate Supreme Court that Higher Education Commission 
has nothing to do with such matters for the simple reason that 
section 10(o) of the Higher Education Commission Ordinance, 
2002 has been examined on various occasions and the 
contention as mentioned above was not considered at all and 
Commission was found competent to determine the equivalence 
and recognition of degrees and diplomas.”
13. Even otherwise, LL.M Degree which is higher than LL.B
Degree has been declared equal to M.Phil. Reliance is placed on 
Shahid Hussain Abbasi, Assistant Professor of Law v. Secretary to the 
Government of N.W.F.P Education Department & others. (2007 
SCMR 951). The relevant portion is reproduced below: 
“6.
It is admitted fact that after joining education department as 
officiating lecturer appellant obtained LL.M. which is equal to
W.P. No.12396/2017
-:7:-
M.Phil, therefore, we are of the opinion that he had improved his
education, as such was fully entitled for incentive of advance 
increment. The assertion of the Tribunal that when he was inducted 
in service, he was not LL.M. seems to be against the above policy, in 
view of the para, which is reproduced hereinabove. The benefit of 
such incentive goes to the employee who has obtained degree during 
the service but he was not possessing at the time of his induction in 
the service. It is an admitted fact that degree was obtained by the 
appellant on 29th December, 1988 when he was already into the 
service.” 
14. In the Policy and advertisement issued thereunder, the LL.B 
Degree was specifically mentioned as a requisite academic 
qualification. The said Degree is higher than a Bachelor Degree. The 
Bachelor Degree of 4 years has been treated as equal to Master 
Degree in the Policy by calculating its marks as Graduation plus 
Master Degrees on the basis of years of education. The Higher 
Education Commission recognizes the LL.B Degree equal to Master 
Degree also on the basis of years of education. The LL.M Degree 
being a higher Degree than LL.B is treated equal to Degree of M.Phil. 
There is nothing in the Policy or the advertisement providing that 
LL.B Degree would be treated as less than the Master Degree. The 
petitioners were provided the benefit of the LL.B qualification at the 
time of their appointments by providing 15 additional marks, 
therefore, the LL.B Degree for all intents and purposes on the basis of 
years of education already recognized by the Policy for 4-years 
Bachelor Degree is to be treated as Master Degree for the purpose of 
appointment under the Policy. It is not the case of the respondents that 
LL.B Degree was not a required academic qualification under the 
Policy and could not be considered for appointment. Moreover, there 
is no prohibition in the Policy wherein the qualification of LL.B has 
been declared not entitled to 15 marks for the purpose of appointment 
as ESE (Science/Math). What is not prohibited is permitted unless 
same specifically violates any law or rules. Reliance may be placed 
W.P. No.12396/2017
-:8:-
on Additional Collector-II, Sales Tax, Lahore v. M/s Abdullah Sugar 
Mills Ltd. and others (2003 SCMR 1026). Therefore, once having 
awarded the marks for LL.B Degree as equivalent to Master Degree, 
the respondents could not thereafter be allowed to deduct the said 
marks and withdraw the order of appointment of the petitioners, more 
so, for the reason that the said orders had been acted upon and the 
petitioners had joined the services and accordingly decisive steps had 
been taken on both sides where-after vested rights had been created in 
favour of the petitioners which cannot be lightly taken away on the 
basis or reasons mentioned by the respondents. It is not the case of the 
respondents/department that the petitioners had obtained the 
appointment on the basis of fraud and mis-representation, rather the 
case is that the petitioners were not entitled to the marks of LL.B
Degree which had been erroneously provided to them. Their 
appointments cannot be said to have been made in violation of the 
rules or policy and consequently principle of locus poenitentiae would 
not permit the competent authority to undo the same and remove the 
incumbents from the service. Reliance is placed on Mian Tariq Javaid 
Vs. Province of Punjab etc. (2008 SCMR 598).
Although an authority that has passed an order has the authority 
to withdraw, vary or rescind the same under Section 20 of Punjab 
General Clauses Act, 1956 but the said power cannot be exercised 
when a vested right is created in the favour of the other party. Even 
otherwise, the order of the competent authority for awarding marks 
out of 15 to LL.B Degree holders on the basis of percentage obtained 
in the said examination by them, was not an illegal order rather it 
could only be treated an order based on interpretation of the policy. 
Once having interpreted the Policy in favour of petitioners and issuing
them appointment letters, the respondents/authority would be 
estopped and could not be allowed to later-on interpret the said Policy 
differently especially in a manner that cannot co-exist with the earlier 
interpretation just to deprive the petitioners of vested rights already 
accrued in their favour. Reliance may be placed on Chairman 

W.P. No.12396/2017
-:9:-
Selection Board Vs. Wasif Zameer (1997 SCMR 15) and Chairman 
Senate Vs. Shaiq Ahmad Khan (2016 SCMR 460). 
15. Besides authorities cannot be allowed to approbate and reapprobate by adopting contrary pleas in the same breath in the same 
matter to review their previous orders. Reliance in this behalf is 
placed on Chairman Minimum Wage Board Vs. Fayyaz Khan 
Khattock (1999 SCMR 1004). Consequently, the order passed by 
respondent No.4 dated 23.08.2017, whereby the appointment letters of 
the petitioners have been withdrawn, is declared to have been passed
on the basis of wrong interpretation of the Policy, without lawful
jurisdiction and of no legal effect and the same is set-aside. The 
petitioners shall be re-instated into service on the position which was 
prevalent before passing the afore-referred order dated 23.08.2017. 
16. For what has been discussed above, this petition is allowed in 
the above terms.
 (MUZAMIL AKHTAR SHABIR)
 
 JUDGE
 Maqbool/KMSubhani*
Approved for reporting.
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