| Citation(s) |
|---|
| 1997 SLG 1031 1997 SLD 1031 1997 PLC 1168 |
Sindh High Court
Constitutional Petitions Nos. D-490, 548, 553, 557, 558, 559, 603, 622, 511, 562, 563, 564, 565, 566, 540, 537, 738, 546, 569, 556, 544, 542, 490, 545, 538, 532 and 541 of 1995, decision dated: 28-05-1997. .
DR. GHOUS MUHAMMAD AND HAMID ALI MIRZA, JJ
Ejaz Ali Hakro, Nawab Mirza, Jhamat Jethanand, M. Ibrahim Soomro and Syed Ali Ahmed Taqvi for Petitioner. Raja Qureshi and Abdul Ghani Shaikh, A.As.G. for
Respondents.
Constitutional Petitions Nos. D-490, 548, 553, 557, 558, 559, 603, 622, 511, 562, 563, 564, 565, 566, 540, 537, 738, 546, 569, 556, 544, 542, 490, 545, 538, 532 and 541 of 1995, decision dated: 28-05-1997. .
DR. GHOUS MUHAMMAD AND HAMID ALI MIRZA, JJ
Ejaz Ali Hakro, Nawab Mirza, Jhamat Jethanand, M. Ibrahim Soomro and Syed Ali Ahmed Taqvi for Petitioner. Raja Qureshi and Abdul Ghani Shaikh, A.As.G. for
Respondents.
IRSHAD ALI
VS
PROVINCE OF SINDH through Secretary, Excise and Taxation Department, Government of Sindh and another
Law:
Section:
Constitution of Pakistan (1973)Arts. 212 & 199Ad hoc appointeesTermination of service of ad hoc appointees without showcause noticeValidityConstitutional petitionMaintainabilityBar as contained in Art. 212, Constitution of Pakistan would apply if the petitioner is a civil servant and matter concerned the terms and conditions of his serviceTermination of service e: ad hoc employees, even if unlawful, since concerns the terms and conditions of their service the Constitutional petition under' Art. 199 of the Constitution of Pakistan is barred in view of Art. 212 of the Constitution of Pakistan. 1993 PLC (C.S.) 39 fol. Yousuf Ali v. Government of Punjab and others 1996 PLC (C.S.) 801; Muhammad Latif Khaukhar v. Chairman, Development Authority, Muzaffarabad and another 1992 CLC 2243; Mushtaq Ahmed Aleem v. Government of Pakistan 1992 PLC (C.S.) 558; Altaf Ahmed Hafeez v. Karachi Port Trust through Chairman, Board of Trustees, Karachi and another 1993 PLC (C.S.) 1234; Muhammad Sahbaz Anwar and 20 others v. Government of the Punjab, through Secretary, SGA & Information Department, Lahore and 4 others 1993 PLC (C.S.) 1373; Muhammad Hussain v. Chairman. Municipal Committee, Kamali and others 1994 PLC (C.S.) 793; S. Irshadur Rehman v. Government of Pakistan through Chairman, Central Board of Revenue and 3 others 1993 PLC (C.S.) 39; Nasir Ahmed v. District Education Officer and others 1994 PLC (C.S.) 807; The Regional Commissioner of incomeTax Central Region, Lahore and others v. Zafar Hussain and others PLD 1992 SC 869; Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah and another PLD 1969 SC 407 and Mrs. Anisa Rehman v. P.I.A.C. and another 1994 SCMR 2232 ref. JUDGMENT DR. GHOUS MUHAMMAD, J.The petitioners in the above petitions who were appointed as Excise Inspectors, Junior Clerks and Excise Constables as per details given herein below, have called in question the order dated 2381995 passed by the Government of Sindh, Excise and Taxation Department, Karachi and the order dated 2781995 passed by the Director, Excise and Taxation, Hyderabad whereby their services have been terminated. The particulars of the petitioners are detailed…
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