Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Termination from service--- Show-cause notice--- "Audi alteram partem", rule of---Scope---Termination without giving any opportunity of hearing---Effect---Respondent department had terminated the services of petitioners without issuance of show-cause notice or giving them any opportunity of hearing---Validity---Rule of audi alteram partem had not been followed by the department---Petitioners had been terminated without providing of any opportunity---Respondents were directed to re-instate the petitioner---Constitutional petition was allowed. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Termination from service---Appointments made by Caretaker government---Scope---Petitioners were appointed during the Caretaker regime and they were dismissed from service without issuance of Show-Cause Notice---Petitioners services were terminated on the plea that Caretaker government was not empowered to make appointments during its tenure---Validity---No provision of law had prevented the Caretaker government from making any appointment during its tenure---Impugned termination orders of the petitioners were set aside, in circumstances---Petitioners were re-instated into service with all back benefits---Constitutional petition was allowed. ORDER The petitioners, who were serving on various jobs in Grade-1 to Grade-4 in the Education Department, Government of Sindh, have impugned the Letter No.EDO(EDU)ADMN-III 321/2008, dated 30-4-2008, by which on the directions of the Government, all appointments made on or after 24th day of October, 2007 and offer letters issued in the Caretaker Regime in posts from BS-1 to BS-4 and JSTs were cancelled forthwith without any Show Cause Notice. The matter was adjourned several times on the request of the A.A.G., initially for filing comments and later on, on the excuse that since Mr. Fattah Malik, Additional Advocate General Sindh at Karachi has been assigned to look after the above cases, therefore, either he will appear himself of instruct the learned A.A.G. on how to contest this case before this Court. The…

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