| Citation(s) |
|---|
| 2007 SLG 3451 2007 SLD 3451 2007 PLJ 1089 |
Supreme Court of Pakistan
Civil Petition No. 747-P of 2006, decided on 30.4.2007
JAVED IQBAL & CH. IJAZ AHMED, JJ
Mr. M. Zahoor Qureshi, ASC/AOR for Petitioners. Nemo for
Respondents
Civil Petition No. 747-P of 2006, decided on 30.4.2007
JAVED IQBAL & CH. IJAZ AHMED, JJ
Mr. M. Zahoor Qureshi, ASC/AOR for Petitioners. Nemo for
Respondents
ASIM KHAN and others
VS
ZAHIR SHAH and others--Respondents
Law:
Section:
Biase-- ----Service matter--Withdrawing appointment letters--Influence of politicians--Order of withdrawing appointment letters of civil servants merely on the ground that civil servants have secured their appointment under the influence of politicians and order was passed without proper enquiry in accordance with law. [P. 1093] E 2001 SCMR 1128 & 1986 MLD 2429. Interpretation of Statute-- ----Principle of natural justice must be read in each and every statute unless and until the same is excluded from the wording of the statute. [P. 1092] B PLD 1964 SC 410 and PLD 1961 SC 537, rel. Jurisdiction-- ----Principle of law--Constitutional jurisdiction is equitable jurisdiction. [P. 1093] F Principle of Law-- ----Creation of classification among domiciled candidates has declared unreasonable and discriminating by Supreme Court in various pronouncements. [P. 1093] D 1981 SCMR 1002 & AIR 1955 SC 334, rel. Service Matter-- ----Appointment as PTC teacher--Recommendation of the departmental selection committee--Verification of testimonials domicile certificate--Appointment letter--Allowed to resume charge--Withdrawn appointment letter--Violation of principle of natural justice--Constitutional petition was accepted--Asailed--Validity--Petitioners have failed to point out any documentary evidence qua notice to civil servant before withdrawing their appointment letter--Held: Vested rights accrued to civil servants could not be taken back or withdrawn without fulfilling the requirement of principle of natural justice--Further held: Concerned authority has passed impugned order of withdrawing the appointments of civil servants in violation of principle of natural justice. [P. 1092] A & C 1983 SCMR 1208 & PLD 1987 SC 304. PLD 1973 SC 236 and PLD 1989 SC 166. Judgment Ch. Ijaz Ahmed, J.--The brief facts out of which the present petition arises are that Respondent No. 1 Zahir Shah and 11 others were appointed as PTC teachers by Respondent No. 13 vide its order dated 21.11.2005 on the recommendation of the departmental selection Committee in accordance with the rules and regulations of the petitioners department. After initial verification of their testimonials…
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