Law: Constitution of Pakistan, 1973

Section: 25,199

Constitution of Pakistan, 1973-- ----Arts. 25 & 199--Constitutional petition--Varies of notice were challenged--Appointments for post of LDCs who were selected against quota reserved--Cancelled due to serious irregularities in selection process--Any benefit of promotion can be withdrawn or rescinded at any stage if based on irregularities and contrary to policy and rules and principle of locus poenitentiae was applicable--Question of--Whether any show-cause notice or personal hearing was offered before passing impugned order--Validity--When a vested right is accrued in favour of any individual, same could not be withheld by just taking petitioner in surprise by withholding same--Art. 25 of Constitution is very clear which requires state functionaries to afford a proper opportunity of hearing to an individual against whom an adverse order is going to be passed--Since petitioners had acquired vested right by way of their promotion as LDCs and neither any show-cause notice was issued nor they were provided right of hearing, which makes whole exercise as illegal, unconstitutional and in glaring violation of principle of natural justice--Petition was accepted.        [P. 199] A & B Date of hearing: 6.5.2014. Judgment Through the instant writ petition, the petitioners have challenged the varies of notice dated 01.08.2013, whereby Respondent No. 2 on behalf of Respondent No. 3 intimated the petitioners that the appointments of the petitioners for the post of LDCs, who were selected against 33% quota reserved for former class-IV staff held on 02.04.2013 & 04.04.2013, have been cancelled due to serious irregularities in selection process. 2.  The Case of the Petitioner No. 1 is that he having matriculation qualification joined the Pakistan Railways as Telephone Attendant (TPA/Multan Shed) on 08.10.1999 in BS-3 and Petitioner No. 2 also having matriculation qualification joined Pakistan Railways as Fuel Issued Multan Shed on 26.6.1986 in BS-3. Later on, the petitioners were inducted as LDC (BS-7) against 33% in service quota. They along with six others appeared in the test and interviews. Resultantly, the petitioners…