Case Details

Citation(s)
1980 SLG 1343 1980 SLD 1343 1980 PLC 158
Sindh High Court
Constitutional Petitions Nos. 1150 to 1152 of 1978, decided on 7th November 1979.
FAKHRUDDIN G. EBRAHIM AND B. G. N. KAZI, JJ

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MUJEEBUR REHMAN AND ANOTHER

VS

SERVICE BOARD, K. M. C., KARACHI AND ANOTHER

Law:

Section:

(a) Martial Law Order, 1977 [M. L. A. (Zone 'C')]- -- No. 55, para. 6-Ad hoc appointment-Board empowered to review ad hoc appointments either by interview or by going through service record as it may deem necessary. (b) Martial Law Order, 1977 [M. L. A. (Zone 'C')]- ------No. 55, para. 7-Personal hearing-No provision for such purpose made either way in M. L. O. 55 (Zone C)-Order affecting status of person in absence of contrary intent expressed by statute, held, cannot be passed without giving him personal hearing. Muhammad Mazharuddin Siddiqi for Petitioners. S. M. Muslim Naqvi for Respondents. Date of hearing : 7th November 1979. JUDGMENT FAKHRUDDIN G. EBRAHIM, J.-The orders impugned in these three petitions are recommendations made by the respondent No. 1 Service Board set up under M. L. O. 55 and the action taken by the appointing Authority in terms thereof. 2. The two petitioners in Constitutional Petition No. 1150 of 1978 were appointed as Office Superintendent and Senior Store Keeper respectively on 1-3-1973 by the Landhi, Korangi Municipal Committee. When this Committee was merged with the Karachi Municipal Corporation on 15-3-1973 the petitioners in terms of the merger conditions became the employees of the Karachi Municipal Corporation. On 7-5-]978 M. L. O. 55 was promulgated under which was constituted the respondent No. 1 Board, who considered among other things the case of the said two petitioners and recommended as follows :-- "In view of the fact that his appointment to the post was out of turn it may not be regularised and he may be offered a lower post." It is the case of the respondent No. 2, Administrator, Karachi Municipal Corporation that the finding given by the. Board was accepted by him and according to him therefore, the petitioners have ceased to hold the posts to which they were earlier appointed. 3. In Petition No. 1151 of 1978 the four petitioners who were originally recruited as Junior Clerks in Grade V by the Landhi Korangi Municipal Committee in the year 1973 were subsequently promoted as Senior Clerks in Grade VI. Their cases were also referred to the Board constituted under M. L. O. 55 and the identical recommendation made by…
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