Law:

Section:

(a) Constitution of Pakistan-------Art. 199--- Constitutional petition---Employee of Education Department in BPS-1---Removal from service through non-speaking order without providing opportunity of hearing to petitioner---Validity--Petitioner and his co-employees had been removed through impugned order---Another Division Bench of High Court had already accepted constitutional petition filed by co-employees against impugned order---All authorities and courts were required to pass speaking orders---High Court while following such earlier set aside impugned order and directed Department to post petitioner on his post in terms of his appointment letter within one month. Mrs. Anisa Rehman v. and another 1994, SCMR 2232; Multiline Associates v. Ardeshir Cowasjee and others PLD 1995 SC 423; Hameed Akhtar Niaz v. The Secretary, Establishment Division, Government of Pakistan and others 1996 SCMR 1185 and Messrs Airport Support Services v. The Airport Manager Quaid-e-Azam International Airport, Karachi 1998 SCMR 2268 rel. (b) General Clauses Act (X of 1897)--- ----S. 24-A---Speaking order---All authorities and courts are required to pass speaking orders. Messrs Airport Support Services v. The Airport Manager. Quaid-e-Azam International Airport, Karachi 1998 SCMR 2268 rel. Nizamuddin Baloch for Petitioner. Imtiaz Ali Soomro, Asstt. A.-G. for Respondents. Date of hearing: 7th July, 2010. ORDER MUHAMMAD TASNIM, J.--- Through this petition, the petitioner has sought following relief:--- "That the honourable Court may be pleased to declare that the petitioner has right under the law to continue to remain in service and that he cannot be sacked or removed unlawfully and mala fidely and that the service of . petitioner can only be dispensed with in due course of law, including the law of natural justice and principle of audi altrem partem and the terms and conditions as set out in his letter of appointment". It is the case of the petitioner that he was appointed along with other employees as Chowkidar in BPS-1 from 18-11-200" to 20-2-2008 by the respondent No.1 and was approved by the competent authority in accordance with law. It is further case of the petitioner that after…

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