| Citation(s) |
|---|
| 2011 SLG 1724 2011 SLD 1724 2011 PLC 709 |
Sindh High Court
Constitutional Petitions Nos.1372 and 1373 of 2009, decision dated: 13-01-2011.
SARMAD, JALAL OSMANY, C.J. AND AHMAD ALI M. SHAIKH, J
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Constitutional Petitions Nos.1372 and 1373 of 2009, decision dated: 13-01-2011.
SARMAD, JALAL OSMANY, C.J. AND AHMAD ALI M. SHAIKH, J
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GHULAM MURTAZA and others
VS
FEDERATION OF PAKISTAN through Secretary Cabinet Division and others GHULAM MURTAZA and others vs FEDERATION OF PAKISTAN through Secretary Cabinet Division and others
Law:
Section:
Constitution of Pakistan-------Art. 199---Constitutional petition---Civil service---Petitioners were recruited by Intellectual Property Organization of Pakistan but one month after the joining, their services were terminated by a notification---Petitioners contended that they were selected after following due procedure so they had acquired vested right in appointments---Authority contended that petitioners were appointed by incompetent authority---Validity---No illegality or irregularity was found in the entire process of selection---Impugned orders of termination being not sustainable in law, were liable to be set aside---No inquiry regarding alleged illegality or lack of transparency had been conducted by the authorities before withdrawing the appointment orders of the petitioners---Negligence on the part of authorities could not take away rights of the petitioners created by appointment letters issued after complying with all the codal formalities---Petitioners were condemned unheard against principles of natural justice---Appointment letters once issued, could not be withdrawn---Petition was allowed. Abdul Jabbar Memon and others' case 1996 SCMR 1349 fol. Suhail Jabbar Malik v. Province of Sindh and 2 others 2009 PLC (C.S.) 155 rel. Yawar Farooqui and Irfan for Petitioners (in C.P. No.D-1372 of 2009). Imtiaz Ali for Petitioners (in C.P. No.D-1373 of 2009). Muhammad Ashraf Mughal, D.A.-G. for Respondent No.1. Ch. Naseer Ahmed for Respondent No.2. Respondent No.3 in person. Dates of hearing: 20th, 21st, 22nd January, 1 4th, 25th February and 9th March, 2010. JUDGMENT AHMAD ALI M. SHAIKH, J.--- By this single order, we propose to dispose of C.P. No. D-1372 of 2009 and C.P. No. D-1373 of 2009 as in both the petitions, impugned order is one and the same. 2. Brief facts giving rise to the filing of these petitions are that respondent No.1 published an advertisement in the national dailies on 15th and 16th May, 2009 for career opportunities in the Intellectual Property Organization of Pakistan (IPO) i.e. Director (IP), Controller of Patents, Deputy Director (IP), Deputy Director Finance, Deputy Director Legal, Deputy Registrar of Trade Marks, Assistant Director…
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