Law:

Section:

Civil service----- -- Termination of service---Ostensibly stating that "services no longer required"- Record indicating that impugned termination order passed after 3 years of service on ground that official was overage on date of appointment and juniors retained in service-­Basis of impugned termination, in circumstances, held, not justified­-Official (appellant), held, should not suffer for fault of appointing authority who should have taken necessary action for getting relaxation of age limit after appellant though overage had been appointed-Punjab Service Tribunals Act (IX of 1974), S. 4. Abdul Hamid Khokhar for Appellant No. 1. Ch. Muhammad To-fail Basra for Appellant No. 2. A. G. Humayun, District Attorney for Respondents. JUDGMENT Messrs Misbah-ul-Hassan Kazmi and Zafar Iqbal Cheema had made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein Misbah-ul-Hassan Kazmi has impleaded the Punjab Province through the Secretary to Government of the Punjab, Communication and Works Department, Lahore, the Chief Engineer, North, Highway Depart­ment, Lahore and the Superintending Engineer, Highway Circle, Lahore as respondents, while Zafar Iqbal Cheema has impleaded the Superinten­ding Engineer, Highway Circle, Lahore and the Chief Engineer, Punjab Highway Department, Lahore as respondents. 2. These appeals are at the stage of preliminary hearing. However, the parawise comments were obtained from the respondent Departments to adjudicate these appeals. The law points involved and facts of these appeals are identical and similar in nature, hence these appeals are being disposed of by this single judgment. 3. By virtue of these appeals, Misbah-ul-Hassan Kazmi, has prayed that order No. 410/E, dated 14th February, 1983 of respondent No. 3 and Order No. 44-E-11/76/619/E (4), dated 9th April, 1983 of respondent No. 2, be set aside with ail back benefits. Similarly Zafar Iqbal Cheema has prayed that the impugned order, dated 14th February, 1983 passed by the respondent No. 1 and the order, dated 9th April, 1983 passed by the respondent No. 2 be set aside and he be treated in service from 14th February, 1983 with all back benefits. 4. Brief facts…

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