Law:

Section:

(a) West Pakistan Local Councils and Municipal Committees Servants (Retirement) Rules, 1966--- ---R. 4(1)---Constitution of Pakistan (1973), Art. 199---Employees of Municipal Committee compulsorily retired from service on completion of 25 years of service qualifying for pension without show-cause notice or affording them opportunity of being heard---Validity---Order of compulsory retirement would involve element of compulsion carrying with it stigma and disgrace in public eye and if such action was taken in public interest then opportunity of hearing must be given to the affected employee---Order in question, having been passed without serving show-cause notice and without affording opportunity of hearing to affected employee being in violation of law, was not warranted and same was set aside with option to Authority to take fresh action if it so desired strictly in accordance with law. Mayor, Municipal Corporation, Rawalpindi v. Muhammad Ghaffar and 4 others 1994 SCMR 256 and Pakistan and others v. Public-at-large and others PLD 1987 SC 304 ref. (b) West Pakistan Local Councils and Municipal Committees Servants (Retirement) Rules, 1966--- ----R. 4(1)---Constitution of Pakistan (1973), Art. 199---Retirement from Service (Compulsorily) after completion of 25 years of service qualifying for pension---Validity---Constitutional petition---Competency---Only those orders which were passed strictly in accordance with law and rules would attain finality---Orders which were outside the pale of rules viz. West Pakistan Local Councils and Municipal Committees Servants (Retirement) Rules, 1966 or passed in utter disregard of law (non-service of show-cause notice etc.) could be corrected by the High Court in Constitutional jurisdiction ---Constitutional petition was thus, competent to challenge order in question. 1994 SCMR 256 and PLD 1987 SC 304 ref. Shamsher Iqbal Chughtai for Petitioners. Mahboob Ahmad for Respondents. Date of hearing: 29th November, 1994. JUDGMENT This order will dispose of Writ Petitions Nos. 2063/94, 2064/94, 2065/94, 2066/94 and 2366/94 because common question of law and fact are involved therein. 2. The petitioners were employees of respondent No.1.…

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